Kansas is one of five states that have practically eliminated the insanity defense, allowing consideration of mental status only at the sentencing phase of a trial. On Monday, the Supreme Court opened the door for other states to follow suit.
Monday that states are free to abandon the insanity defense for accused criminals who contend they did not know right from wrong. The decision upholds a Kansas law that essentially allows consideration of mental status only at the sentencing phase of a trial.Kansas is one of just five states that have, for all practical purposes, eliminated the insanity defense. The state essentially allows consideration of mental status only at the sentencing phase of a trial.
Liberal justice Elena Kagan wrote the opinion for herself and the court's five conservative justices. She said that because the defendant may introduce evidence seeking to show that he lacked the requisite intent to commit the crime, the state does have an insanity defense even if it's not the one that Kahler wanted or that exists in most states and in the federal system.
In dissent, Justice Stephen Breyer accused the majority of throwing out centuries of Anglo-American legal tradition, principles that are"so fundamental" that to violate them is unconstitutional.
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