The evolution of the American Law Institute test for insanity in Oregon: Focus on diagnosis

Christopher J. Lockey, Joseph Bloom

Research output: Contribution to journalArticle

4 Citations (Scopus)

Abstract

In 1962, the American Law Institute published its Model Penal Code, which includes an insanity test later adopted by many states. The second paragraph of the test excludes people with certain psychiatric conditions manifested by repeated criminal or antisocial conduct from using them as a basis for an insanity defense. Oregon adopted this test in 1971. Since then, its legislature and courts have added to the conditions excluded in the second paragraph. In this article, we look at how recent Oregon appellate court decisions have culminated in a narrower and less contentious notion of which psychiatric diagnoses serve as a basis for an insanity defense. Then we discuss Oregon's expansion of the second paragraph of the American Law Institute Insanity Test in a national context.

Original languageEnglish (US)
Pages (from-to)325-329
Number of pages5
JournalJournal of the American Academy of Psychiatry and the Law
Volume35
Issue number3
StatePublished - 2007

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Insanity Defense
Law
Jurisprudence
penal code
appellate court
Mental Disorders
Psychiatry
court decision

ASJC Scopus subject areas

  • Law
  • Psychiatry and Mental health

Cite this

The evolution of the American Law Institute test for insanity in Oregon : Focus on diagnosis. / Lockey, Christopher J.; Bloom, Joseph.

In: Journal of the American Academy of Psychiatry and the Law, Vol. 35, No. 3, 2007, p. 325-329.

Research output: Contribution to journalArticle

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