Criminal responsibility rests on the assumption that defendants can choose their behavior.
Evidence
Gestsofinsanity The criminal law justifies holding persons responsible for their actions on the assumption that they are able to choose between acceptable and unacceptable behavior. This assumption supplies the rationale for the insanity defense: Criminal law should not punish those who cannot choose between acceptable and unacceptable behavior. But how does one define the inability to choose that exempts a person from the operation of the criminal law? — G. Alan Tarr, Judicial Process and Judicial…, 1882
Categorization
- DEFINE: States the doctrinal premise (free choice) that underwrites the entire insanity defense doctrine.
- XREF: connects to: The insanity defense rests on the assumption that criminal responsibility requires free choice — G. Alan Tarr, Judicial Process and Judicial…, 1882
Broader Connections
- The insanity defense rests on the assumption that criminal responsibility requires free choice
#corroborates(1.00) — G. Alan Tarr, Judicial Process and Judicial…, 1882