The 'insanity defense' and diminished capacity
A discussion of the UNABOM case

UPDATE: JANUARY 23, 1998

On Thursday, January 22, UNABOM defendant Theodore Kaczynski pleaded guilty as part of a plea agreement, under which Kaczynski will serve life in prison without possibility of parole. In return, federal prosecutors agreed not to pursue the death penalty.

The legal saga of the UNABOM case now enters its next phase. Although Kaczynski's federal criminal trial is over, New Jersey prosecutors have expressed a desire to prosecute Kaczynski in their respective state courts. In both states, bombs allegedly sent by Kaczynski resulted in the deaths of recipients.

On January 28, state prosecutors in Sacramento County, California, confirmed that they will not prosecute Kaczynski in California state court. Kaczynski might have been prosecuted in California for murder.

The UNABOM trials: Two decades of terror come to a close

The year 1998 will witness the final chapter in a twenty-year drama in American criminal investigation, criminal justice, and terrorism. Theodore John Kaczynski will stand trial for a two-decades-long string of mail bombs, for which he has come to be known as the Unabomber.

The federal trial occurred in the federal court for the Eastern District of California.

This site explores the law and history of the "insanity defense" -- and the similar plea, "diminished capacity" -- and the historical background of the UNABOM investigation and trial.

New on January 29, 1998 new!

• Developments in the possible state murder trials against Kaczynski

Table of Contents of this Site

• A history of the UNABOM investigation
  • A chronology of the UNABOM attacks and writings
  • Who is Ted Kaczynski?
• The federal trial: United States v. Kaczynski
  • A history of the events of the case up to December 15, 1997
  • Coming soon: updates on new developments in the trial as they occur
• The insanity defense and diminished capacity
  • An important distinction: "Not guilty by reason of insanity" versus "diminished capacity"
    • The Hinckley case: the assassination attempt of President Reagan
    • Colin Ferguson - The Long Island Railroad gunman
    • United States v. Cook, 53 F.3d 29 (9th Cir. 1995) (the Ninth Circuit's interpretation of "diminished capacity")
    • United States v. Brawner, 471 F.2d 969 (1972) (the federal "insanity defense" standard)
    • United States v. Winn, 577 F.2d 86 (9th Cir. 1978) (the Ninth Circuit's insanity defense language)
    • Supreme Court cases on the insanity defense and diminished capacity
  • The tactical issues involved: why does it matter? (herein of the law of evidence and sentencing)
  • Coming soon: Reports on the application of this law to Kaczynski
• Other legal issues
  • The law of evidence: admissibility of evidence
  • Why can New Jersey and California try him? The constitutional law of double jeopardy. new!
• Related links

Prepared by Michael Peil for the Legal Information Institute. Last edited 29 January 1998 at 07:16.