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Health Law and Policy

Georgia State University College of Law

2011

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Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey Jan 2011

Temporary Insanity: The Strange Life And Times Of The Perfect Defense, Russell D. Covey

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The temporary insanity defense has a prominent place in the mythology of criminal law. Because it seems to permit factually guilty defendants to escape both punishment and institutionalization, some imagine it as the “perfect defense.” In fact, the defense has been invoked in a dizzying variety of contexts and, at times, has proven highly successful. Successful or not, the temporary insanity defense has always been accompanied by a storm of controversy, in part because it is often most successful in cases where the defendant’s basic claim is that honor, revenge, or tragic circumstance – not mental illness in its more …