Intention, excuse, and insanity

Abstract

Culpable intent has been a central element of mens rea in systems of criminal law since early times, but absence of culpable intent has not featured explicitly in most insanity tests since the time of McNaughtan. Most tests since then have been based on two other traditional elements of excuse: ignorance and compulsion (or duress). This chapter briefly reviews the background of this development and the reasons why absence of intent has not figured more prominently as an excusive factor in insanity defenses. Given the character of the offenses, the presence of criminal intent often seems indefeasible. It is argued that although many intentions may appear to be present, it is far from evident ..