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Defining Insanity
Refers to a mental state at time of offense (legal term not a psychological term)
Not a clinical diagnosis
A person can be mentally ill but legally sane, or legally insane without a DSM disorder
May involve cognitive impairments, brain injury, or other “defects” not classified as mental illness.
Andrea Yates Case*
Texas state court used the M’Naghten type insanity standard
Despite extensive psychiatric history and evidence of postpartum psychosis, the jury rejected the insanity defense and found her guilty of capital murder
She remains in psychiatric facility
Mens rea
guilty mind
Actus rea
guilty act
Irresistible Impulse Test
Expands M’Naghten definition of insanity
It allows the defendant to argue that even if they knew the act was wrong, they were unable to control their actions due to a mental disorder.
The M’Naghten Rules
Mental disease or defect of the mind? If yes:
Did not know the nature and quality of the act
OR
Did not know it was wrong.
M’Naghten: Not guilty
American Law Institute (ALI) rule
A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to either appreciate the criminality of his conduct or to corform to his conduct to the requirements of law.
Because of a mental disease or defect do they lack substantial capacity to _____.
Know right from wrong?
OR
Control themselves to follow the law?
ALI: Not Guilty
The frequency and success of insanity defense
Used in less than 1% of all felony cases and fails in over 70% of these cases.
Less than 1/3 involves victim death
NGRI defendants spend slightly longer custody than those who do not use defense