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Re:Kahler v. Kansas by pyuser583 on Saturday November 14, 2020 @01:13AM (#25090631)
The insanity defense literally didn’t exist before the 19th century.

It’s very much a product of the enlightenment and post-enlightenment and post-enlightenment liberalism.

It doesn’t exist under Roman Catholic canon law - which lumps the mentally ill together with children as “lacking reason.”

The quote you’re citing isn’t about the insanity defense. It’s about not carrying out a sentence on someone found guilty. That’s a very very different thing than the insanity defense.

Re:Kahler v. Kansas by bodhiandpysics1 on Saturday November 14, 2020 @02:47AM (#25090874)
That's not really true. The insanity plea has existed in the common law at least since the 13th century, though like many affirmative defences including self-defense, it was a reason for pardon, and not a reason for acquittal. The M'Naughton rule simply codified existing practice in the English courts, and since it was a good rule, was adopting in American courts as well, mostly. I do agree that the notion that this is all "christian" is bogus!