Brief of Amicus Curiae 290 Criminal Law and Mental Health Law Professors in Support of Petitioner's Request for Reversal and Remand, Kahler v. Kansas, 18-6135 (U.S. June 6, 2019)

Authors

Paul F. Rothstein, Georgetown University Law CenterFollow

Document Type

Court Brief

Publication Date

6-6-2019

Abstract

Amici curiae are a group of philosophically and politically diverse law school professors and scholars in the fields of criminal law and mental health from a variety of disciplines who have been teaching and writing about the insanity defense and related issues throughout their careers. They include the authors of leading criminal law and mental health law treatises and casebooks and numerous important scholarly books and articles.

Amici believe this case raises important questions about principles of criminal responsibility, the integral role of the insanity defense in Anglo-American law, and the inadequacy of the “mens rea alternative” to the traditional affirmative defense. Their teaching and research on the subject have given them a unique appreciation of the historical and doctrinal significance of the defense of legal insanity.

Comments

Docket No. 18-6135

Publication Citation

Brief of Amicus Curiae 290 Criminal Law and Mental Health Law Professors in Support of Petitioner’s Request for Reversal and Remand, Kahler v. Kansas, 18-6135 (U.S. June 6, 2019).

Scholarly Commons Citation

Rothstein, Paul F., "Brief of Amicus Curiae 290 Criminal Law and Mental Health Law Professors in Support of Petitioner's Request for Reversal and Remand, Kahler v. Kansas, 18-6135 (U.S. June 6, 2019)" (2019). Georgetown Law Faculty Publications and Other Works. 2243.
https://scholarship.law.georgetown.edu/facpub/2243