Thomas Szasz and the insanity defense

Szasz stoutly opposed the use of the insanity defense. This chapter considers the persuasiveness of Szasz’s arguments against it, which fall into three broad categories: (1) arguments that the insanity defense is immoral; (2) arguments that it relies on a nonexistent entity, namely mental illness; and (3) arguments that the sciences of psychiatry offer no grounds for supporting it. Each category of argument is explored in its various forms. The most persuasive type of argument is found to be the third. Unlike the other two, it does not require us to buy into strong and broad beliefs which are indeed characteristically Szaszian (such as that mental illness is a myth), but which lack widespread acceptance. In contrast, Szasz’s argument that the sciences associated with psychiatry (such as psychology) do not offer grounds for the existence of the insanity defense appeals to a commonly held and highly plausible multifactorial account of the causes of human behavior. In short, analysed carefully, Szasz’s writing provides more persuasive grounds for taking exception to the insanity defense than his own best-known views offer.