Criminal insanity and mens rea: a discussion of Alabama insanity law and the role of psychiatrists in determining criminal insanity.

Law and Psychology Review | January 1, 2007| | Copyright

In Clark v. Arizona, (1) the United States Supreme Court restricted a defendant's use of mental illness evidence to the insanity defense, (2) rejecting Clark's argument that mental illness evidence should be allowed for the purpose of negating mens rea, without raising an insanity defense. (3) The issues raised within the Clark case bring to mind many interesting questions about the insanity defense and the evidence used to support a claim of insanity. Can a defendant be undoubtedly mentally ill as in the Clark case, yet still have the capacity to form intent or the mens rea ...

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