Abolition of the Insanity Plea in Idaho: A Case Study

Abstract

The abolition of the insanity defense in Idaho in 1982 was the first time in recent years that an American jurisdiction had eliminated that traditional, common-law defense. Drawing upon questionnaire responses from legislators, prosecuting attorneys, and psychiatrists, we examine the circumstances surrounding this precedent-setting legislation. We conclude that the conservative ethic stressing personal responsibility for conduct, legal and illegal, seems to have been influential in bringing about the new law, although future constitutional challenges may raise issues about extension of the doctrine of strict liability in criminal cases.