The Insanity Defense in Iraq

Iraq, as the cradle of civilization, was the place where the first statute was ever written and the first mental health legislation made. Ironically, however, at this time there is no identified legislation of any kind of mental health law. Insanity defenses are used freely but there is no officially identified test for insanity, although M'Naghten tests seem to be used the most. The judge usually gives the psychiatrist the prerogative of deciding on the insanity issue directly. Typically, the judge-and sometimes the defense-calls for the evaluation by a forensic psychiatrist. This article reviews the demographics, psychiatric diagnosis, and management of patients in Iraq's sole forensic psychiatry unit. The majority of defendants stay a relatively short period of time-generally less than five years-in the forensic psychiatry unit and leave without a specific safeguard to prevent relapse and re-offending. Most of the "insane" offenders were found to be schizophrenics, males, and younger than 30 years of age. They were usually from urban areas and had less than a high school education. Murder was the most common crime committed by 70% of patients, followed by sexual offenses and verbal assaults against the president. Females are less likely to face criminal charges and are more likely to have their offenses negotiated outside the legal system through family or tribal mediation.