On March 23, 2020, the Supreme Court, by a vote of 6-3, held that the Due Process Clause does not require states to adopt a specific insanity defense to criminal liability. In an opinion written by Justice Kagan, the Court reaffirmed its 1968 plurality opinion in Powell v. Texas, 392 U. S. 514, declaring that criminal responsibility "is animated by complex and ever-changing ideas that are best left to the States to evaluate and reevaluate over time." The Court explained that the relationship between mental illness and criminal liability, in particular, is an ongoing dialogue between the law and psychology, and the Due Process Clause does not require that dialogue be frozen in "a rigid constitutional mold." GianCarlo Canaparo will discuss the opinion, its implications, and the dissent written by Justice Breyer.
Featuring:
GianCarlo Canaparo, Legal Fellow, The Meese Center for Legal and Judicial Studies, The Heritage Foundation

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