According to the U.S. Supreme Court, states may experiment with which criminal defenses they make available for their residents. At least one state has abolished the use of voluntary intoxication (consuming alcohol) as a defense to a crime. One of the most controversial defenses in American criminal law is the insanity defense. In truth, the defense is only infrequently used and usually by people with demonstrable mental illness. However, the defense remains hotly debated due to the perception that the accussed “gets off” if he or she is found “not guilty by reason of insanity.”
Please answer the following:
Given your readings and the Yates case, do you agree with the notion of allowing the states to severely restrict or abolish the insanity defense? Why? Why not?
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