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Revisiting the Deific-Decree Doctrine in Washington State

Dr. Leong is Clinical Professor of Psychiatry and Behavioral Sciences, University of Washington School of Medicine, Seattle, WA, and Staff Psychiatrist, Center for Forensic Services, Western State Hospital, Tacoma, WA. The views expressed in this paper are solely those of the author and do not necessarily reflect those of the University of Washington or the Washington State Department of Social and Health Services. Address correspondence to: Gregory B. Leong, MD, Center for Forensic Services (PFECC-Ward C18), Western State Hospital, 9601 Steilacoom Boulevard SW, Tacoma, WA 98498-7213. E-mail: leonggb{at}dshs.wa.gov

The deific-decree exception to Washington's M'Naughten insanity standard first appeared in case law a quarter century ago in State v. Crenshaw. A few subsequent cases have attempted to refine the contours of the deific decree; however, the deific-decree doctrine has had only limited utility as a basis for the insanity defense. After about a decade of no activity in this area, the Washington courts have recently revisited the deific-decree doctrine in a case involving two defendants.