"The Case for a Purely Volitional Insanity Defense"

Recently posted to SSRN:

"The Case for a Purely Volitional Insanity Defense" 

Texas Tech Law Review, Forthcoming

MICHAEL L. CORRADO, University of North Carolina (UNC) at Chapel Hill - School of Law
In this paper I argue, against those who would eliminate the affirmative defense of insanity and against those who would confine the affirmative defense to its non-volitional elements, that there should be an affirmative defense, that it must include a volitional element, and finally (more radically) that it need include only a volitional element. At the same time I attempt to harmonize this volitional view with my “hard incompatibilist” skepticism about freedom by distinguishing origination of action from control over actions.