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!
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.