BRAWNER RULE - NEW LYRICS FOR AN OLD TUNE (FROM CRIMINAL JUSTICE SYSTEM REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30765
• Author(s): R C Allen
• Date Published: 1974
• Length: 20 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE AUTHOR REVIEWS THE RECOMMENDATIONS MADE IN BRIEFS AMICI CURIAE FILED CONCERNING THE DISTRICT OF COLUMBIA CIRCUIT COURT OF APPEALS DECISION IN UNITED STATES V. BRAWNER, AND DISCUSSES ABOLITION OF THE INSANITY DEFENSE.

Abstract

IN THE 1972 BRAWNER DECISION, THE COURT ADOPTED THE AMERICAN LAW INSTITUTE (ALI) RULE OF CRIMINAL RESPONSIBILITY, AS WELL AS A RULE OF 'DIMINISHED RESPONSIBILITY'. THE BRAWNER DECISION HAD BEEN UNDER CONSIDERATION BY THE COURT OF APPEALS FOR MORE THAN A YEAR PRIOR TO ITS ANNOUNCEMENT IN JUNE 1972. AT THE REQUEST OF THE COURT, BRIEFS AMICI CURIAE WERE FILED BY A NUMBER OF INDIVIDUALS AND ORGANIZATIONS. THE AUTHOR REVIEWS THE ISSUES RAISED IN THESE BRIEFS CONCERNING THE INSANITY DEFENSE, PSYCHOLOGICAL TESTIMONY, PSYCHIATRIC TESTIMONY, AND THE ROLE OF THE PUBLIC MENTAL HOSPITAL. FINALLY, THE AUTHOR CONSIDERS ARGUMENTS IN FAVOR OF ABOLITION OF THE INSANITY DEFENSE.