The Insanity Defense: The New Loophole

Abstract

Sane defendants are subject to the imposition of sanctions by the criminal justice system for reasons of punishment, "just deserts," deterrence, pro tection of society, and rehabilitation. In Pennsylvania and most other states, defendants found not guilty by reason of insanity are diverted to the mental health system, from which they are usually released within a relatively brief time, often unsupervised and on heavy doses of psycho tropic medication. They have rarely gained any insight that would reduce the probability of a repetition of criminal conduct, given the same circum stances that precipitated the earlier criminal act.