The history of "not guilty
by reason of insanity"
The insanity defense reflects a
compromise on the part of society and the law. On the one hand, society
believes that Texas Criminals should be punished for their crimes; on
the other hand, society believs that people who are ill should receive
treatment for their illness. The insanity defense is the compromise:
basically, it reflects society's belief that the law should not punish
defendants who are mentally incapable of controlling their conduct.
In the 18th century, the legal
standards for the insanity defense were varied. Some courts looked to
whether the defendant could distinguish between good and evil, while
others asked whether the defendant "did not know what he did." By the
19th century, it was generally accepted that insanity was a question of
fact, which was left to the jury to decide.