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17 Law & Psychol. Rev. 193 (1993)
The Insanity Plea: A Futile Defense for Serial Killers

handle is hein.journals/lpsyr17 and id is 197 raw text is: THE INSANITY PLEA: A FUTILE DEFENSE FOR SERIAL KILLERS I. INTRODUCTION Despite its publicity, the insanity plea is rarely used. When defendants do invoke the insanity plea, the defense is rarely suc- cessful. With the recent trial of Jeffrey Dahmer,' the debate has arisen again2 as to whether or not the insanity plea should be abolished. Dahmer's case captured headlines around the world. With this exposure, however, came fear. There was fear of Dahmer himself, fear of a person being capable of committing the acts that he did, and fear that a finding of insanity would be Dahmer's escape hatch to freedom. Fear of Dahmer's re-entry into society was largely un- founded. This Article addresses six factors that virtually insure that a serial killer will not be found not guilty by reason of in- sanity. First, however, the Article will review the history of the in- sanity plea and examine its application. II. HISTORY OF THE INSANITY PLEA The insanity plea traces its origins to mid-thirteenth century England.3 During the reign of Henry III (1216-1272), the life of an insane criminal could be saved only by a pardon from the king upon a showing that the criminal was of unsound mind and that irrational occurrences were not unusual for that person.4 In the late thirteenth century, during the reign of Edward I (1272-1307), complete madness became an established criminal defense, and 1. Jeffrey Dahmer pleaded not guilty by reason of insanity to the murders of fifteen men and boys in Milwaukee, Wisconsin. Edward Walsh, Jury Finds Dahmer Was Sane, WASH. POST, Feb. 16, 1992, at Al. The jury held that he was sane at the time he committed the murders and he was sentenced to fifteen con- secutive life sentences. Annie Schwartz, Milwaukee Serial Killer Dahmer Sen- tenced to 15 Life Terms, REUTERS, Feb. 17, 1992. Wisconsin does not have the death penalty. Edward Walsh, Jury Finds Dahmer Was Sane, WASH. POST, Feb. 16, 1992, at Al. 2. In 1981, John Hinckley attempted to assassinate President Ronald Rea- gan. He was found to be not guilty by reason of insanity; his acquittal was the cause of much debate. Irving Kaufman, The Insanity Plea on Trial, N.Y. TIMES, Aug. 8, 1982 (Magazine), at 16. 3. RITA JAMES SIMON, THE JURY AND THE DEFENSE OF INSANITY 16 (1967). 4. Id.

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