Criminal responsibility and the insanity defence in ghana: The examination of legal standards and assessment issues

Jurisdictions across the world have promulgated legal standards for determining criminal responsibility and for invoking the insanity defence in criminal proceedings. At the moment, the literature on this contentious yet interesting topical issue is inundated with studies from western countries, predominantly the United States and Europe. There is little information on the insanity defence and criminal responsibility standards in sub-Saharan African countries whose justice and governance systems are by-products of colonisation. To address this research lacuna, this manuscript broadly focuses on and elucidates the legal standards for establishing criminal responsibility and most importantly the insanity defence in Ghana. The origin of the insanity defence standard and its contrast to standards in the United States jurisdictions is examined briefly. Issues relating to the prescribed procedure for insanity determination, particularly assessment, are also highlighted succinctly. We conclude by recommending refinement of the existing standards given the changing and developing medico-legal knowledge.