Abolition of the Insanity Plea in Idaho: A Case Study

In: The annals of the American Academy of Political and Social Science, Volume 477, p. 72-83

Abstract

The abolition of the insanity defense in Idaho in 1982 was the first time in recent years that a US jurisdiction had eliminated that traditional, common-law defense. Drawing upon questionnaire responses from 18 legislators, 9 prosecuting attorneys, & 5 psychiatrists, the circumstances surrounding this precedent-setting legislation are examined. It is concluded that the conservative ethic stressing personal responsibility for conduct, legal & illegal, seems to have been influential in bringing about the new law, although future constitutional challenges may raise issues about extension of the doctrine of strict liability in criminal cases. HA.