There are close to 100 cases of mothers murdering their children while taking an SSRI on www.ssristories.com

Two, that I am ware of, who received the death penalty were Sandra Nieves [Paxil - murdered her four daughters] and Socorro Caro [wife of a physician who murdered their 3 sons while on Prozac]

Not all mothers who kill their children are on an antidepressants, of course, but it seems as though the antidepressants did nothing to relieve these approximately 100 mothers of their anguish.

The problem with your idea is this Phillip, no one who murders in a situation where it is not self defense (i.e. not a crime) is sane. All murderers are insane. It's terrible when a mother kills her own children, but I suspect if you are a mother whose child is killed by a complete stranger the crime is no less insane and no less a crime. Thus insanity is no excuse for murder. There are some criminal defenses that might make murder less of a crime, like mistake, involuntary intoxication, lack of capacity, etc., but none that justify treatment instead of hospitalization. If you say that mental illness excuses murder you are also saying that all of those you label mentally ill should be treated by society as if they've already murdered; this is why the insanity defense is always immoral, always wrong, and always harmful to each and every citizen.

Actually, insanity is a tricky thing nowadays. for example is the person under the effect of alcohol( intoxicated) is sane? if he or she committed a murder while he/she under the effect of alcohol, will he/she be punished for theat crime? if he/she signed a cheque of million dollars, will he/she be accountable for that lump sum of money?
the law rule that "what is built on false is false" should be revised as we are talking about the public rights versus the individual right. for sociologist & lawyers they focus on the public within a community. where in psychiatry we focus on the individual alone.the social & justice context is not taken into regard in psychiatry & this is evidenced in DSM IV. if it is mentioned it will be non relevant to the treatment plan for that person. prevention is better than cure...shall wu seclude & isolate the healthy people from the menatlly ill persons or the other way round? deinstitutionalization versus reinstitutionalization? the legal liability should be discussed in gross & fine way. in psychiatry they focus on the insight for determining the benifit of the cognitive-behavioral therapies. also it is a useful criteria for assessing progress of the patients.
let them sit down togather & determine which one has the priority: the mentally ill person or the healthy person!!!