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When the tests set out by the rules are satisfied, the accused may be adjudged "not guilty by reason of insanity" or "guilty but insane" and the sentence may be a mandatory or discretionary, but usually indeterminate, period of treatment in a secure hospital facility, or otherwise at the discretion of the court, depending on the country and the ...
The definition of insanity is similar to the M'Naught criterion above: "the accused is insane, if during the act, due to a mental illness, profound mental retardation or a severe disruption of mental health or consciousness, he cannot understand the actual nature of his act or its illegality, or that his ability to control his behavior is ...
Federal law provides for the commitment of those found not guilty only by reason of insanity. Once such a verdict is handed down, the defendant has the burden of proof of showing that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or ...
As noted a successful insanity defense will result in acquittal although a number of jurisdictions have adopted the guilty but insane verdict. The defense of insanity and diminished capacity although clearly distinct are not inconsistent defenses and both may be at issue in the same case. [ 7 ]
In criminal law, mens rea (/ ˈ m ɛ n z ˈ r eɪ ə /; Law Latin for "guilty mind" [1]) is the mental state of a defendant who is accused of committing a crime. In common law jurisdictions, most crimes require proof both of mens rea and actus reus ("guilty act") before the defendant can be found guilty.
The idea of insanity in English law dates from 1324, when the Statute de Praerogativa Regis allowed the King to take the lands of "idiots and lunatics." The early law used various words, including "idiot", "fool" and "sot" to refer to those who had been insane since birth, [2] and "lunatic" for those who had later become insane, or were insane with some lucid intervals. [3]
The insanity defense is a traditional affirmative defense that dates at least back to English common law.The codification of the M'Naghten rules, which have been referenced in one form or another in US law as well as UK law, indicates that someone may be found not guilty of a crime because of a mental condition which prevents them from either controlling their actions or from knowing whether ...
The ALI rule, or American Law Institute Model Penal Code rule, is a recommended rule for instructing juries how to find a defendant in a criminal trial is not guilty by reason of insanity.