Fall 2021

Kaya Vadhan Kaya Vadhan

Seeking Justice: Reimagining the Insanity Defense

Despite the insanity defense being an essential component of the American criminal justice system, it is only successfully used in about 30 cases per year. This poses an issue for the thousands of defendants with untreated psychotic disorders who face paranoia and delusions that lead them to criminal acts. This article discusses the history of the insanity defense, its present state, and its public misconceptions, such as it being used as a “loophole” for offenders to escape punishment. I proceed to present a moral argument as to why the insanity defense is crucial to justice, using past cases as evidence, and then propose methods to increase accessibility for successful usage of the insanity defense with the primary purpose of seeking justice for individuals with mental illnesses.

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