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The first book-length rhetorical history and analysis of the legal and moral questions behind the insanity defense.

The insanity defense is considered one of the most controversial, most misunderstood, and least straightforward subjects in the American legal system. Disorder in the Court: Morality, Myth, and the Insanity Defense traces the US legal standards for the insanity defense as they have evolved from 1843, when they were first codified in England, to 1984, when the US government attempted to revise them through the Insanity Defense Reform Act. Throughout this period “insanity” existed primarily as a legal term rather than a medical one; yet the testimony of psychiatric experts is required in cases in which an insanity defense is raised.

The adjudication of such cases by courtroom practice is caught between two different but overlapping discourses, the legal and the medical, both of which have historically sought to assert and maintain firm disciplinary boundaries. Both expert and lay audiences have struggled to understand and apply commonplace definitions of sanity, and the portrayal of the insanity defense in popular culture has only served to further frustrate such understandings.

Andrea L. Alden argues that the problems with understanding the insanity defense are, at their foundation, rhetorical. The legal concept of what constitutes insanity and, therefore, an abdication of responsibility for one’s actions does not map neatly onto the mental health professions’ understandings of mental illness and how that affects an individual’s ability to understand or control his or her actions. Additionally, there are multiple layers of persuasion involved in any effort to convince a judge, jury—or a public, for that matter—that a defendant is or is not responsible for his or her actions at a particular moment in time.

Alden examines landmark court cases such as the trial of Daniel McNaughtan, Durham v. United States, and the trial of John Hinckley Jr. that signal the major shifts in the legal definitions of the insanity defense. Combining archival, textual, and rhetorical analysis, Alden offers a close reading of texts including trial transcripts, appellate court opinions, and relevant medical literature from the time period. She contextualizes these analyses through popular texts—for example, newspaper articles and editorials—showing that while all societies have maintained some version of mental illness as a mitigating factor in their penal systems, the insanity defense has always been fraught with controversy.

Honored by the 2025 Massachusetts Book Awards in Nonfiction

An award-winning historian tells a gripping, morally complicated story of murder, greed, race, and the true origins of prison for profit.

In the early nineteenth century, as slavery gradually ended in the North, a village in New York State invented a new form of unfreedom: the profit-driven prison. Uniting incarceration and capitalism, the village of Auburn built a prison that enclosed industrial factories. There, “slaves of the state” were leased to private companies. The prisoners earned no wages, yet they manufactured furniture, animal harnesses, carpets, and combs, which consumers bought throughout the North. Then one young man challenged the system.

In Freeman’s Challenge, Robin Bernstein tells the story of an Afro-Native teenager named William Freeman who was convicted of a horse theft he insisted he did not commit and sentenced to five years of hard labor in Auburn’s prison. Incensed at being forced to work without pay, Freeman demanded wages. His challenge triggered violence: first against him, then by him. Freeman committed a murder that terrified and bewildered white America. And white America struck back—with aftereffects that reverberate into our lives today in the persistent myth of inherent Black criminality. William Freeman’s unforgettable story reveals how the North invented prison for profit half a century before the Thirteenth Amendment outlawed slavery “except as a punishment for crime”—and how Frederick Douglass, Harriet Tubman, and other African Americans invented strategies of resilience and resistance in a city dominated by a citadel of unfreedom.

Through one Black man, his family, and his city, Bernstein tells an explosive, moving story about the entangled origins of prison for profit and anti-Black racism.