Proposed Federal Criminal Code Reform Would Abolish Insanity Defense

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The Senate version of the proposed Criminal Code Reform Act of 1981 (S. 1630) was reported to the full Senate on December 22, 1981 (S. Rept. 97-307). While for the most part the bill represented over fifteen years of work, that portion concerning the insanity defense is a relatively recent and potentially controversial addition to the bill.

S. 1630 would abolish in federal court the insanity defense as it is today used in all federal courts and most state courts. In its place, S. 1630 provides that where "the issue of insanity is raised" by the defense, prosecution, or the court, "the jury may return a special verdict of 'not guilty only by reason of insanity'." See Section 3612(b).

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