ABSTRACT

The traditional use of mental health defenses and claims has been for major mental disorders such as schizophrenia and the major mood disorders (Daniel et al. 1984; Rogers, Bloom and Manson 1984). These authors reported a very high correlation between findings of insanity and the presence of psychotic mental disorders in the acquittees. Together with data from a different jurisdiction, it was found that 70 per cent of insanity acquittees suffered from psychotic mental disorders, and 12 per cent suffered from neurosis, organic brain injuries, or mental retardation. In recent years, attorneys have begun to put forth new mental or social disorders, either to excuse (or mitigate) otherwise criminal behavior, or to lay the foundation for civil litigation.