In legal language, the term insanity can be associated with non-responsibility because of the drastic effects that mental diseases can have on the mental, emotional, and behavioral conditions of an individual. Individuals who are identified to be insane at the time they committed their crime can use the insanity defense to prove that they are not guilty by reason of insanity. In general terms, the insanity defense is utilized when a person is accused of a crime, but is not responsible due to mental illness or mental defect. Start learning more today by contacting a criminal defense attorney in your area to discuss the specific facts of your case.Since the 1800’s, the insanity defense has been the subject of widespread controversy and dispute. If you're wondering whether your case will qualify for an insanity defense, you'll need to know your state laws and whether they follow the M'Naghten Rule or the Model Penal Code. Have an Attorney Answer Your Questions About an Insanity Defense Only New Hampshire uses the Durham standard. Most states that recognize legal insanity use either the M'Naghten Rule (sometimes in combination with the Irresistible Impulse Test) or the Model Penal Code. All four of these states, with the exception of Kansas, allow "guilty but insane" verdicts, which often provide for institutionalization in lieu of prison. The "Model Penal Code" Test for Legal Insanity - Because of a diagnosed mental defect, defendant either failed to understand the criminality of his acts, or was unable to act within the confines of the law.Ī few states don't allow the insanity defense against criminal charges, including Idaho, Kansas, Montana, and Utah.The "Durham Rule" - Regardless of clinical diagnosis, defendant's "mental defect" resulted in a criminal act.The "Irresistible Impulse" Test - As a result of a mental disease, defendant was unable to control his impulses, which led to a criminal act.The "M'Naghten Rule" - Defendant either did not understand what he or she did, or failed to distinguish right from wrong, because of a "disease of mind.".How Courts Test for Legal Insanityĭepending on the jurisdiction, courts use one or a combination of the following tests for legal insanity: states and other jurisdictions around the world today.
The legal basis for insanity was codified into British law in the mid-19th Century with the M'Naughten Rule, which is used in a majority of U.S. British courts came up with the "wild beast" test in the 18th Century, in which defendants were not to be convicted if they understood the crime no better than "an infant, a brute, or a wild beast."īesides the fact that courts no longer use the terms "lunatic" or "wild beast," current laws allowing for the insanity defense follow a similar logic. The first known recognition of insanity as a defense to criminal charges was recorded in a 1581 English legal treatise stating that, "If a madman or a natural fool, or a lunatic in the time of his lunacy" kills someone, they can't be held accountable. In states that allow the insanity defense, defendants must prove to the court that they didn't understand what they were doing failed to know right from wrong acted on an uncontrollable impulse or some variety of these factors.īelow you'll find basic information and legal issues related to the insanity defense, how courts test for insanity, and differences in state laws and procedures. In some cases, the defendant may be found guilty but sentenced to a less severe punishment due to a mental impairment. A criminal defendant who's found to have been legally insane when they committed a crime may be found not guilty by reason of insanity.
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