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68 Buff. L. Rev. 805 (2020)
"The Angels That Surrounded My Cradle": The History, Evolution, and Application of the Insanity Defense

handle is hein.journals/buflr68 and id is 830 raw text is: 









  Buffalo Law Review

  VOLUME 68             MAY  2020             NUMBER  3

  The   Angels that Surrounded My Cradle:
  The   History,   Evolution, and Application of
                the  Insanity   Defense

                JUDGE  EUGENE  M. FAHEYt

 CO-AUTHORS:  LAURA  GROSCHADLtt   & BRIANNA  WEAVERttt


                      INTRODUCTION

    Edvard  Munch,  painter of The Scream, famously said,
Sickness,  insanity  and  death  were   the  angels  that
surrounded   my   cradle,  and  they   have   followed  me
throughout  my  life.1 Although Munch was referring to his
difficult childhood and his turbulent adult life, the quote
fairly depicts the experience of those with severe  mental
illness who find themselves enmeshed in the criminal justice


t Associate Judge of the New York State Court of Appeals. This Article was
derived from a presentation given at the Charles E. Steinberg Lecture in
Psychiatry and the Law at the University of Rochester Medical Center in
September 2018. I would like to thank Dr. Robert L. Weisman and Dr. J. Richard
Ciccone from the University of Rochester for their assistance and feedback on
that presentation. All views expressed herein are my own and not reflective of
the positions or opinions of the Court or its members.
tt Senior Principal Law Clerk to the Hon. Eugene M. Fahey.
ttt J.D. Candidate 2020, Cornell Law School; B.S. 2017, St. Thomas Aquinas
College.
   1. Edvard Munch, NEW WORLD ENCYCLOPEDIA, http://www.newworld
encyclopedia.org/entry/EdvardMunch (last visited April 15, 2020).


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