Evidence of Mental Disorder on Mens Rea: Constitutionality of Drawing the Line at the Insanity Defense

Many jurisdictions authorize evidence of mental disorder to be admitted directly on mens rea.'This article is an analysis of the evidentiary and constitutional issues involved in excluding mental disorder evidence not meeting insanity defense requirements.Opinions differ on whether it is constitutional to completely exclude such evidence.2 Some courts have held that evidence of mental disorder may not be sufficiently material, probative, relevant, competent, or reliable to be admitted.3Conversely, various authorities state that such evidence should be admissible even though it does not meet the requirements of the insanity defense.These authorities claim that preclusion of this evidence may be unconstitutional.4 This article posits that, under appropriate circumstances, it is constitutional to establish a general rule completely precluding mental