The Insanity Defense: American Developments

This is a compilation of legal precedents and legal commentaries that have defined the role of mental illness in criminal trials throughout US history. The set considers, among other issues, the evolution of the Supreme Court's position on the insanity defense and mental retardation, how these affect one's competency to stand trial or be executed, and how these affect culpability and punishment.

Whether the accused is competent to stand trial, whether the plaintiff is competent to accuse, or whether a witness is competent to testify has had a long legal history. Such questions draw legal reasoning into areas of ethical reflection and scientific debate deeply rooted in the moral history of the United States. Mental competence has come to play a central and controversial role in proving guilt, and in evaluating the severity of a crime and its corresponding punishment. This compendium brings together the major legal precedents and legal commentaries that have defined the role of mental illness in criminal trials throughout US history. The set considers, among other issues, the evolution of the Supreme Court's position on the insanity defense and mental retardation, how these affect one's competency to stand trial or be executed, and how these affect culpability and punishment. This collection reprints in facsimile influential scholarship published in this subject area. Each volume begins with an introductory essay, and includes both cases and commentary. The thematically-organized volumes are available individually or as a set.