The Insanity Defense

On October 7th, the Court will hear Kahler v. Kansas. Amy Howe describes it at Amy Howe, Argument preview: Justices to hear challenge to lack of insanity defense, SCOTUSblog (Sep. 30, 2019, 4:18 PM), https://www.scotusblog.com/2019/09/argument-preview-justices-to-hear-challenge-to-lack-of-insanity-defense/

What the Court does is interesting, but unless they want to use the case to abolish the death penalty entirely, it is hard to find a federal interest. The insanity defense is too narrow, because mental illness does not kill the knowledge of good and evil. Rather, it breaks down the normal inhibitions to bad acts that one knows is wrong. To acknowledge that, positive law is required, such as a plea of guilty by reason of insanity.

Such a plea would have to come with changes in how mental health is managed and funded. The practice of discharge upon basic functionality because the hospital needs a bed sets up bad outcomes. Refusing necessary treatment, non-compliance with medication or addiction relapse should trigger automatic hospitalization. If someone should have been hospitalized but was not and commits any crime, they should be able to plead guilty by reason of insanity. They must then be held for the minimum sentence, be well managed over a period of time (although sociopaths should not be released) and the interests of the victim's family must be considered.