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Social Control, Law, Crime, and Deviance Commons

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Law

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2018

Cognitive or mental dysfunction

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Full-Text Articles in Social Control, Law, Crime, and Deviance

Insanity Defense, Paul H. Robinson, Tyler Scot Williams Jan 2018

Insanity Defense, Paul H. Robinson, Tyler Scot Williams

All Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is …