Losing Your Head in the Washer – Why the Brainwashing Defense Can Be a Complete Defense in Criminal Cases

Abstract

The article focuses on the use of brainwashing as a defense to a crime and its acquisition into the Model Penal Code under the insanity defense. It discusses a short introduction to the setting of brainwashing and the association of Stockholm syndrome. It presents an analysis of the two defenses such as insanity and duress in which scholars have used to lay the brainwashing defense. It also explores the elements of brainwashing defense and elucidates why the Model Penal Code must adopt it. Moreover, it also presents an analysis to two court cases such as the case of Patty Hearst and the D. C. sniper case. It also provides criticisms to the brainwashing defense together with the conclusion which suggests that criticisms are dominated by the gains of the said defense.