and Mental Illness

Should a murderer be allowed to inherit the victim’s estate? The question dates from biblical times, but most jurisdictions today have statutes in place that bar inheritance by convicted murderers. However, a special problem arises when the killer has a severe mental illness and has been found not guilty by reason of insanity. Should such people, who have not been convicted of a crime, be permitted to collect their inheritance? Jurisdictions vary in their responses, with the rules reflecting a mix of practical and moral considerations influenced by different perspectives about what determines the behavior of persons with mental illness. (Psychiatric Services 62:707–709, 2011) Have you killed, and also taken possession?” the biblical prophet Elijah asked Ahab, King of Samaria, who with his wife, Jezebel, was being accused of having done precisely that (1). Embodied in Elijah’s question is the...