Criminal Responsibility

For thousands of years, individuals who had a mental illness that affected their criminal behavior were excused from the usual criminal consequences. The case of Daniel M'Naghten (1843) has greatly influenced Anglo-American law. The United Kingdom, Canada, and most states in the US have created legislative and common law procedures for the assessment of criminal responsibility or “insanity.” Having been found not criminally responsible or insane at the time of the criminal act has resulted in accused people being held in forensic hospital until eligible for release into the community. Criminal legislation and common law, as well as mental health law, determines the process in each of these jurisdictions. In this chapter, we discuss legislation, policy, and practice in the UK, Canada, and the United States of America regarding criminal responsibility and insanity.