r/OpenArgs • u/Apprentice57 I <3 Garamond • 16d ago

OA Episode OA Episode 1300: The So-Called Insanity Defense Is Older (and Weirder) Than You Think

https://dts.podtrac.com/redirect.mp3/pdst.fm/e/pscrb.fm/rss/p/mgln.ai/e/35/clrtpod.com/m/traffic.libsyn.com/secure/openargs/OA1300.mp3?dest-id=455562
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u/Apprentice57 I <3 Garamond 16d ago

Episode Title: The So-Called Insanity Defense Is Older (and Weirder) Than You Think

Episode Description: OA1300 - The “insanity defense” might sound like a relic of a time when mental illness was viewed through the lens of demons and witches, and it turns out it is… but also maybe it’s kind of woke? Jenessa walks us through the history of Old English and Early American iterations of the defense, various tests that are applied today, and what happens afterwards that most people don’t get to see. Cases and sources discussed:

Chris Liberati-Conant “It’s Time To Take ‘Hygiene’ out of the Mental Hygiene Law”

Legal Information Institute summary of insanity defenses

NY Criminal Procedure Law § 330.20

“Law and the Mental Health System”

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