Abstract:The insanity defense is a doctrine in the criminal law which excuses from punishment defendants who commit crimes as the result of serious mental illness. However, the sorts of mental illness that qualify for the defense, as well as the causal connection required between the illness and the act, have varied widely across Anglo-American legal history. This thesis argues that historians have not sufficiently considered the role that radicalism and social unrest have played in shaping the defense, and explores th… Show more
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