History The concept of defense by insanity has existed since ancient Greece and Rome. During the Roman and Greek eras, insanity was used as a way to help provide a defense for those with mental disorders. However, in colonial America a delusional Dorothy Talbye was hanged in 1638 for murdering her daughter, as at the time Massachusetts's common law made no distinction between insanity (or mental illness) and criminal behavior. Edward II, under English common law, declared that a person was insane if their mental capacity was no more than that of a "wild beast" (in the sense of a dumb animal, rather than being frenzied). The first complete transcript of an insanity trial dates to 1724. It is likely that the insane, like those under 14, were spared trial by ordeal. When that was replaced by trial by jury, members were expected to find the insane guilty but then to refer the case to the king for a royal pardon. From 1500 onwards, juries could acquit the insane, and detention required a separate civil procedure., pp15–16. The Criminal Lunatics Act 1800, passed with retrospective effect following the acquittal of James Hadfield, mandated detention at the regent's pleasure (indefinitely) even for those who, although insane at the time of the offence, were now sane.
History The concept of defense by insanity has existed since ancient Greece and Rome. During the Roman and Greek eras, insanity was used as a way to help provide a defense for those with mental disorders. However, in colonial America a delusional Dorothy Talbye was hanged in 1638 for murdering her daughter, as at the time Massachusetts's common law made no distinction between insanity (or mental illness) and criminal behavior. Edward II, under English common law, declared that a person was insane if their mental capacity was no more than that of a "wild beast" (in the sense of a dumb animal, rather than being frenzied) The first complete transcript of an insanity trial dates to 1724. It is likely that the insane, like those under 14, were spared trial by ordeal. When that was replaced by trial by jury, members were expected to find the insane guilty but then to refer the case to the king for a royal pardon. From 1500 onwards, juries could acquit the insane, and detention required a separate civil procedure., pp15–16. The Criminal Lunatics Act 1800, passed with retrospective effect following the acquittal of James Hadfield, mandated detention at the regent's pleasure (indefinitely) even for those who, although insane at the time of the offence, were now sane.