Research

Published Research

Should a Personality Disorder Qualify as a Mental Disease in Insanity Adjudication?

Authors: Richard Bonnie

The determinative issue in applying the insanity defense is whether the defendant experienced a legally relevant functional impairment at the time of the offense. Categorical exclusion of personality disorders from the definition of mental disease is clinically and morally arbitrary because it may lead to unfair conviction of a defendant with a personality disorder who actually experienced severe, legally relevant impairments at the time of the crime. 

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