英文摘要 |
There are four main legislative models governing the insanity de-fense in the United States: the M’Naghten rule, M’Naghten plus voli-tional incapacity, Moral incapacity, and Model Penal Code. Recently, Kansas adopted a novel legislative model under which the insanity de-fense is no longer available as an excuse with respect to guilty, but can only be raised in the determination of subjective elements and sentenc-ing. The U.S. Supreme Court took the Kahler v. Kansas case in 2020, focusing on whether the insanity defense is protected by the due process of the Fourteenth Amendment, and further discussing the nature of dif-ferent legislative models for the insanity defense. |