The Insanity Defense: The New Loophole to Criminals

Abstract

Sane defendants are subject to the imposition of sanctions by the criminal justice system for reasons of punishment, "just deserts" deterrence, protection of society, and rehabilitation. In most other states, defendants found not guilty by reason of insanity are diverted to the mental health system, from which they are usually released within a relatively brief time, often unsupervised and on heavy doses of psychotropic medication.