The legal system assumes that people are accountable for their actions. But what happens when someone has a mental health issue? This is where things get tricky. The insanity defense comes into play, but it's not always clear when or how a mental disorder affects a person's responsibility for their actions.

The insanity defense can free a defendant from blame, but the rules for what counts as insanity differ from place to place. Most successful insanity cases involve delusions, but not all delusions are the same. A recent case in England and Wales, involving a person named Keal, shows some of the problems with the insanity defense. There isn't a clear philosophical basis for it, which leads to confusion and inconsistency.

One way to make the insanity defense more fair and consistent is to add a new element to it. This element would consider whether a mental disorder affects a person's ability to reason, know right from wrong, control their actions, or form intentions, especially in crimes that require intent. This approach is based on the idea that moral responsibility depends on being able to respond to reasons.

Delusions can be seen as a form of manipulation, rather than part of the person's true self. This might affect how we think about exculpating someone, but not all delusions cause the same level of impairment. Changing the insanity defense to include this new element would be more just and philosophically sound. It would also provide a more consistent approach for people with mental disorders who are charged with crimes.

The legal system needs to balance the need for justice with the need for fairness. When it comes to mental health, this balance is even more important. By adding a volitional element to the insanity defense, the legal system can better address the complexities of mental disorder and criminal responsibility. This would ensure that people are held accountable in a way that is fair and just, taking into account their mental health.

The Role of Mental Health in Criminal Responsibility

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