Isn the existing insanity defense enough legal protection for postpartum women?
A. The insanity defense is exceedingly difficult to apply successfully. Of all felony cases, only about 1% attempt an insanity defense. Of those, only one in four succeed. Contrast that with estimates from many states that consistently show 15-20% of inmates are mentally ill. Many states require an admission of guilt before an insanity plea can be entered. It leaves the defendant completely vulnerable if the courts do not find the defendant insane.
