The Brawner Rule—Why? or No More Nonsense on Non Sense in the Criminal Law, Please!

Abstract

This Article will focus primarily on two matters in the Brawner court's opinion: 1) its decision not to abolish the insanity defense; and 2) its decision to permit the introduction of evidence concerning a defendant’s abnormal mental condition if relevant to establishing or negating the specific intent element of certain crimes.

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Brawner v. United States, 417 F.2d 969 (1972)

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Joseph Goldstein (Yale University)

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