Criminal defense counsels,district attorneys,and the insanity plea: A modest difference of opinion |
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Authors: | Dean J Champion |
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Institution: | (1) Department of Sociology, University of Tennessee, USA |
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Abstract: | This research examines differences between samples of 166 city and county prosecutors and 118 defense attorneys from Virginia,
Tennessee, and Kentucky concerning their views toward the insanity plea in felony cases. Currently, tests for insanity used
by the states are the M’Naghten rule, the ALI Model Penal Code test, and the Smith “irresistible impulse” test or combinations
thereof.
Defense counsels greatly favor the prosecution bearing the burden of proving a defendant’s sanity, while a majority of prosecutors
believe that this is the defense counsel’s responsibility. Twenty-five percent of the prosecutors surveyed believed that it
is the prosecutor’s responsibility to show by clear and convincing evidence, beyond a reasonable doubt, that defendants are
sane and capable of bearing the responsibility for their crimes alleged. Philosophical and practical arguments about the burden
of proof issue are examined. Preferences of defense counsels and prosecutors for different insanity tests are explored, finding
that a majority of attorneys favor the more recent ALI test. |
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Keywords: | |
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