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Adopt Guilty But Mentally Ill? – No!

Ann Hartwell Britton, Richard Bennett

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Abstract

Because of the inherent nature of the insanity defense, it is only raised in media-attracting cases. This media attention skews public perception of the use and value of the defense and, consequently, skews the demand for improving the defense. Professor Britton and Mr. Bennett examine the proposal of guilty but mentally ill in light of criticisms of the insanity defense and conclude that it will increase rather than minimize present shortcomings of the insanity defense.

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What this paper is about

Because of the inherent nature of the insanity defense, it is only raised in media-attracting cases. This media attention skews public perception of the use and value of the defense and, consequently, skews the demand for improving the defense. Professor Britton and Mr. Bennett examine the proposal of guilty but mentally ill in light of criticisms of the insanity defense and conclude that it will increase rather than minimize present shortcomings of the insanity defense.

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Available abstract

Because of the inherent nature of the insanity defense, it is only raised in media-attracting cases. This media attention skews public perception of the use and value of the defense and, consequently, skews the demand for improving the defense. Professor Britton and Mr. Bennett examine the proposal of guilty but mentally ill in light of criticisms of the insanity defense and conclude that it will increase rather than minimize present shortcomings of the insanity defense.

Key concepts: Insanity, Insanity defense, Mentally ill, Psychology, Value (mathematics), Perception, Criminology, Psychiatry

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