Carter-Yamauchi, C. (1998). Drugs, Alcohol and the Insanity Defense: The Debate Over "Settled" Insanity (Report #7). Honolulu, HI: Legislative Reference Bureau.
This study was prepared in response to Senate Concurrent Resolution No. 132, S.D. 1 (1998). The Resolution directs the Legislative Reference Bureau to study the issue of penal responsibility as it relates to whether a person who voluntarily ingests drugs or alcohol and, as a result, suffers from a physical or mental disease, disorder or defect may rely upon the insanity defense to escape responsibility for criminal acts committed by that person. The Resolution further requests the Bureau to identify relevant Hawaii statutory and case law; examine how selected states may have addressed this issue; and review relevant literature and research on the subject. The author concludes the legislature: 1. Adopt a statute similar to Colorado’s rejecting settled insanity. 2. Amend Hawaii’s provision relating to pathological intoxication to limit the defense to alcohol and legal drugs and exclude its operation to illegal drugs. 3. Examine Hawaii’s post acquittal laws to determine whether they are sufficient to protect society from persons who may a pose a danger to themselves or to society.