Shifting the insanity burden onto defendants narrowed who qualifies for acquittal

Evidence

Act of 1984, Congress shifted the burden of proof on insanity, requiring the defense to prove that the accused was insane at the time of the crime instead of the government having to prove he was not. The Act also narrowed the legal definition of insanity by resurrecting the M’Naghten standard for federal prosecutions. Several states also tightened their requirements for insanity acquittals and for the release of offenders acquitted by reason of insanity. Finally, 11 states followed the example of Michigan, which in 1975 sought to reduce use of the insanity defense by establishing the verdict of “guilty but mentally ill.” — G. Alan Tarr, Judicial Process and Judicial…, 1893

Categorization

  • DEFINE: Clarifies the M’Naghten standard and the guilty-but-mentally-ill verdict as contrasting doctrinal devices.
  • XREF: Connects to post-Hinckley reforms and to course discussion of how the burden of proof allocates power between prosecution and defense. — connects to: The ALI standard blends cognitive and volitional criteria for insanity. — G. Alan Tarr, Judicial Process and Judicial…, 1891; The insanity test a jurisdiction adopts changes plea rates and acquittal outcomes — G. Alan Tarr, Judicial Process and Judicial…, 1896; The insanity defense rests on the assumption that criminal responsibility requires free choice — G. Alan Tarr, Judicial Process and Judicial…, 1882 (+5 more)

Broader Connections