‘Lunacy Defence’ in Botswana’s Criminal Law: Reflections of a Mental Health Practitioner

Abstract

This article refl ects on the lunacy defence in Botswana from a mental healthpractitioner’s vantage point with the hope of adding to the discourse on thenation’s jurisprudence. In particular, the paper asserts that the defence asarticulated in the Criminal Procedure and Evidence Act of 1939, Cap. 08:02,Laws of Botswana, employs prejudicial and misleading terminology. Thearticle also argues that the inquiry and evidence to determine fi tness to standtrial and criminal responsibility, respectively, lack the detail to avoid beingmisunderstood. The discussion of the above two points is accompanied bysuggestions for reforms.