Crime and the Insanity Defense,

An individual acquitted of a criminal charge ordinarily leaves the courtroom a free man. But not the accused 'acquitted ' by reason of insanity. He is, in fact, often worse off than if he had been convicted. The judge is required to order him 'held ' in a place of 'safe custody,' 'until the pleasure of the Lieutenant Governor is known. ' The usual consequence is indeterminate detention under a Lieutenant Governor's warrant. To characterize such a result as an 'acquittal ' is, to say the least, inappropriate.- The Law Reform Commission of Canada 7 The plea of insanity has a very long history dating from the time of the N orman conquest of England in the 11 th century. 1 4 As a defense against the death penalty, it made good sense. But in recent times, with the abolition of capital punishment, the value of this defense has been substantially reduced