When will a court make a preliminary decision on relevance to the insanity defense?
MultiRegion, United States of America
The following excerpt is from U.S. v. Torniero, 735 F.2d 725 (2nd Cir. 1984):
At the same time, we recognize that unanimity on mental health issues is rare and we suggest no requirement of universal or even majority professional acceptance. In fashioning its preliminary decision on relevance, a court must make a discretionary determination that the hypotheses relied upon have substantial acceptance in the discipline, as a basis for a finding that the disorder is relevant to the insanity defense. Cf. United States v. Lewellyn, supra, 723 F.2d at 619. 9
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