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The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson Jan 2014

The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson

Faculty Scholarship at Penn Law

This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of ...