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Monday, September 6, 2021

A Court Psychiatrist's View of the Insanity Defense

     The disorganized psychotic and the clear-thinking psychopath, though at opposite ends of the diagnostic spectrum, are both psychologically incomplete; and both kill for highly personal, insular reasons to which their victims make little contribution...

     Unlike true criminals, such killers make little effort to control their offenses--invariably committed at a time when their minds are beyond such precautions, and in a fashion ensuring their detection and capture. [Not always.] Subsequently they talk freely to arresting officers and almost always make full confessions. Their only remaining shield--and it is an appropriate one--is a plea of insanity. 

     By contrast, the true criminal favors stealth, denial, alibis, and his right to remain silent. [Not always, particularly if caught red-handed.] He eschews the insanity defense as no defense at all because it requires as a first prerequisite an admission of guilt. [It also requires insanity.] In short, the insanity defense is neither intended for nor desired by the inveterate offender. It exists so that the law can distinguish those whose criminality warrants its most crushing vengeance from those whose relative psychological innocence mandates that society's interests be best served by their diversion into a mental health system. 

Martin Blinder, M. D., Lovers, Killers, Husbands and Wives, 1985

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