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Unformatted text preview: Hinckley Jr. (Reagan) Unibomber? Relevant law said prosecution had to prove him sane instead of him needing to prove he was insane Which way should law go? Avoid punishment? Rarely used (rate 1 in 200) Rarely successful (rates from 1% to 25%) Can go to mental institution longer than sentence would have been No apparent race or SES bias in use/success Guilty but mentally ill (GBMI) Used in concert with NGRI Hospitalized, then prison for balance of sentence APA, ABA, Am Psychiatric Assn, National Alliance of Mentally Ill all against this Why? Can one be guilty if “mentally ill”? Can one be guilty if “insane”? Difference between “committing an act” and “being guilty of committing an act”? Mens rea? Insanity Defense Reform Act Insanity 1984 (IDRA) 1984 Did away with volitional prong of Brawner Act (now just cognitive, much like McNaughten) Prohibits experts from giving “ultimate opinions” Burden of proof on defendant to prove insane Diminished Capacity Lacks ability to meaningfully premeditate a crime Dan White 1978, shot George Mascone & Harvey Milk in SF Claimed “Twinkie Defense” Convicted of manslaughter instead of murder 1982 Referendum in CA removed this defense Concerns about insanity Concerns defense defense Overused, fake it (low incidence) Get out, do...
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- Spring '11