Welcome back to Lawyers & Liquor where we’re going to keep the crazy train slamming down the tracks today as we lean into part 4 of our examination of the insanity defense in the courts!
If you missed the first three posts discussing the evolution of the insanity defense through the ages, the M’Naghten rule, the Durham rule, and what the hell an irresistible impulse is, you can find those here, here, and here respectively. You don’t really need to read them to understand today’s discussion of the fourth insanity as a defense standard, the “substantial capacity” test, but I’d really suggest it because – as you’ll see in a few – they all sort of tie together in how we got here.
So with that said, let’s get what is essentially a criminal law review out of the way so in a year some law student can be like “Wow, this was really unhelpful and confusing! Thanks Boozy!”
But first, let’s get the form disclaimers out of the way.Continue reading “The Model Penal Code and Trent’s Teabagging: Insanity as a Defense, Part 4.”