The Insanity Defense and Psychiatry: The Advantage of a Cognitive Approach

Abstract

The insanity defense is an important part of criminal law because it allows individuals who suffer from severe mental disorders to face more lenient sentences for their crimes. In American courts, several different standards for this defense strategy are codified into state law. The main point of dispute between psychiatrists and legal scholars is whether insanity defense rules should focus on cognition or volition. This paper examines some psychological disorders commonly associated with criminal activity and how they interact with the various standards employed by different states. Ultimately, it argues that the insanity defense should be centered around a purely cognitive paradigm, as this creates a higher standard that more accurately implants the psychiatric conception of insanity into law. This debate is an important intersection between psychology and law and raises important questions about criminal culpability.