Where is the insanity defense going? Between neuroscience and the social model of disability

Abstract

The Convention on the Rights of Persons with Disabilities resulted in a number of significant legal reforms in Latin America. The criminal justice system was not immune to these changes. The new paradigm of disability rights harshly condemned capacity to stand trial, insanity defense, and security measures, and made recommendations to remove them. The goal of this study is to analyze if it is suitable to eliminate the insanity defense or strengthen with neuroscience arguments the need to keep this concept. I will provide alternatives for designing a disability-neutral approach to insanity defense.