So what can be done? A few numbers of American writers have argued that the insanity defence should be abolished. Two arguments have been relied upon. The first is that the insane defendant should be able to rely upon the same defenses as a sane defendant. For an instance, if an insane person lacks mens rea for an offence he deserves to be acquitted. This argument is not seeking to deal with the question of civil detention of those suffering mental illness. So an insane person who has committed crime and was not aware of what he was doing should be not guilty, but could require to undergo compulsory treatment under civil law. The second argument was by Thomas Szasz. Szasz viewed that the mental illness is a myth created by mentally ill and