Mental Illness in Indiana Criminal Courts
For nearly two centuries, the concept of the “insanity defense” has been debated and changed in Indiana’s Appellate Courts. Central to the debate is the recognition that, when a mental illness renders a person incapable of distinguishing right from wrong, the law excuses their would be criminal conduct. Left with answering the question whether a particular individual in any criminal case meets that criteria is the “trier of fact” or the jury or trial judge. …