The History of The Insanity Defense

Brains and Barstools brings captivating professors to Toronto bars for vivid lectures that spark curiosity and connection over drinks. On October 27th, we present : "The History of The Insanity Defense" by Prof. Catherine Evans. When someone accused of a serious crime claims they were not in their right mind, what should the law do? The insanity defence is one of the most controversial ideas in criminal law—but its origins stretch back nearly two centuries. This talk takes us into the nineteenth-century British world to uncover how legal insanity developed, why it became so contentious, and why some of its oldest ideas still shape the way we think about criminal responsibility today. At the centre of the story is the landmark 1843 M’Naghten case, which helped establish the legal framework for insanity that continues to influence common-law systems. But this is about more than one famous case. By bringing together the histories of psychiatry, criminal law, and empire, Prof. Catherine Evans explores how society has tried to answer a remarkably difficult question: how can we determine what was happening inside someone else’s mind? Looking back at the nineteenth century offers an unexpected perspective on debates that still make headlines today - and reveals why some legal ideas are surprisingly difficult to leave behind. 💡 About the incredible Dr. Catherine Evans Prof. Catherine L. Evans is a legal historian at the University of Toronto whose research explores the history of criminal law, psychiatry, and legal understandings of mental illness. Her work examines how ideas about responsibility, expertise, and the mind have developed over time, offering historical insight into some of the most enduring questions in criminal justice. 📅 Date: October 27th, 2026 🕡 Time: 6:30 – 8:30 PM 📍 Location: Civil Works, Toronto 🎤 Speaker: Prof. Catherine Evans 🎟 Seats are limited!