The Insanity Defense: An Overview and Legislative Proposals

This report will discuss the insanity defense as used in the federal courts. It will briefly trace the history of the evolution of that defense from its earliest formulation to the version used in the John Hinckley case, and will provide, in summary form, descriptive analysis of various pieces of Legislation to change federal law with regard to the substantive definition of the defense, the allocation of the burden of persuasion when the defense is invoked, and procedures following the successful use of the defense.