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

Joseph Goldstein and Patricia D. Gray

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.