
The Case for the Insanity Defence
The defence of insanity is a misunderstood and controversial area of criminal law that risks perpetuating misunderstandings around mental health, exacerbating existing bias in our justice system, and falling short of the responsibility of care for those who are impacted by it. It’s a two- pronged defence, requiring the jury to believe that the offender didn’t know what they were doing or didn’t know it was morally wrong.