Abstract

The insanity defense is a doctrine in the criminal law which excuses from punishment defendants who commit crimes as the result of serious mental illness. However, the sorts of mental illness that qualify for the defense, as well as the causal connection required between the illness and the act, have varied widely across Anglo-American legal history. This thesis argues that historians have not sufficiently considered the role that radicalism and social unrest have played in shaping the defense, and explores the 1800 treason trial of James Hadfield for the attempted assassination of King George III, where government fears of the French Revolution and associated English radicals helped to reshape the insanity defense.

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