...against criminal charges is controversial, with many people convinced that a cunning individual might be able to feign insanity so well as to fool the doctors and the courts, and thus get away without paying for his crime. One of those advocating abolishing the insanity defense is Norval Morris; this paper is a reaction to an article in which he makes this suggestion.
Discussion
Morris structures his article so that it falls into three parts: the argument for abolition of the insanity defense; an explanation of how the law would work once the defense was abolished; and a response to criticisms of his proposal. His main argument centers on whether or not mentally ill people have a choice as to their behavior. He write, One is left with the feeling that the special defense is a genuflection to a deep-seated moral sense that the mentally ill lack freedom of choice to guide and govern their conduct and that therefore blame should not be imputed to them for their otherwise criminal...