Abstract
The turn of the nineteenth century saw an increase in the insanity defence and a language of mental aberration in Victoria's capital trials. Historians have outlined the judicial development of the insanity defence in Australia, yet little attention has been paid to how defences of insanity operated in the practice of the courtroom. A study of 126 capital cases tried in Victoria between 1890 and 1935 provides an indication of how defendants argued insanity, how this plea was received in the courtroom, and how claims to insanity could influence sentencing outcomes. This study will demonstrate the tensions between doctors and lawmakers regarding how insanity and responsibility were determined, as well as how public conceptualisations of mental illness influenced these discourses.
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