Hendricks v. People: forcing the insanity defense on an unwilling defendant

  • Journal of the American Academy of Psychiatry and the Law Online
  • June 2002,
  • 30
  • (2)
  • 295-297;

Abstract

At least 17 jurisdictions permit insanity defenses to be entered over the objections of defendants. Those jurisdictions believe that society's interest in a just determination of the charges outweighs a competent defendant's choice. If competency includes the ability to rationally choose a plea, competent defendants should not be forced to enter insanity defenses against their wills.

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