Insanity, Insanity Defense, and the Elements of Crime: A Review

Abstract

Insanity, insanity defense, and the elements of crimes are closely related to each other. An insane person cannot be punished for the crimes committed by him. However, insanity is a concept that has different connotations across academic disciplines. The law is interested in the legal insanity of an accused. Actus reus and mens rea, in most cases, are the essential components of a crime. The defense of insanity, which is an excuse defense against criminal liability is more relevant to the mens rea. Whereas the defense of automatism is more concerned with the actus reus. This paper analyzes the concepts of insanity and insanity defense in the context of elements of crime employing doctrinal legal analysis. The findings of this paper suggest that there is a need to interpret the concepts of insanity, insanity defense, and the elements of crimes, and the relationship among them when the accused is suffering from mental disorders by adopting multidisciplinary approaches.