The Meaning of Criminal Insanity

Herbert Fingarette

• Publisher: University of California Press
• Year: 2023
• Print ISBN:
  9780520373372
• Edition: 1
• eBook ISBN:
  9780520347106
• Topic: Psychology
• Subtopic: Forensic Psychology
• Index: Psychology

The Meaning of Criminal Insanity examines the persistent challenges of defining and applying the insanity defense in criminal law. The book critiques historical and contemporary approaches, from the 1843 M'Naghten case, which established a lasting but limited standard, to more modern attempts like the American Law Institute's Model Penal Code. These legal tests often rely on ambiguous phrases such as "mental disease" or "irresistible impulse," which fail to provide a clear framework for assessing responsibility. The author highlights the broader implications of the insanity plea, including its impact on civil rights, public safety, and the balance of legal and psychiatric authority. Arguing against simplistic solutions like abolishing the plea or delegating its determination entirely to experts, the book advocates for a nuanced understanding that respects both legal principles and psychiatric insights. At its core, the book seeks to clarify the moral-legal rationale behind excusing individuals deemed insane from criminal liability. It argues that the concept of insanity should center on the individual's substantial inability to act rationally with respect to the criminality of their actions. By proposing this as the foundation for reform, the text emphasizes the importance of maintaining the insanity plea as a safeguard for justice. This plea not only protects the rights of those with profound mental disorders but also reflects society's commitment to treating individuals as rational agents while acknowledging the complexities of human behavior. With its focus on reconciling historical legal traditions with modern psychiatric and philosophical perspectives, the book offers a thoughtful framework for addressing one of criminal law's most enduring debates. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1972.

Many titles in the Voices Revived program are also newly available as ebooks, offered at a discounted price to support wider access to scholarly work.

Table of contents

• Cover
• Title
• Copyright
• Contents
• Acknowledgments
• Introduction
• 1 The Concept of Mental Disease
• 2 The Relation Between Psychiatry and Law
• 3 Legal Interpretations of Insanity
• 4 The Legal Concept of Insanity: A Formulation
• 5 Some Implications of the Formulation
• Bibliography
• Index