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The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act.
Per Federal Rule of Criminal Procedure 12.2, a defendant intending to pursue an insanity defense must timely notify an attorney for the government in writing. The government then has a right to have the court order a psychiatric or psychological examination.
Section 1 of the United Kingdoms' Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 [18] provides that a jury shall not return a special verdict that "the accused is not guilty by reason of insanity" except on the written or oral evidence of two or more registered medical practitioners of whom at least one has special experience in ...
The rule includes as a test of distinguishing whether or not a defendant can determine the difference between right and wrong. One of the best known applications of the insanity defense was for John W. Hinckley, a man who attempted to assassinate Ronald Reagan in 1982. He was ultimately acquitted of his charges under the insanity defense. [9]
This is an aspect of a more general insanity defense (see the M'Naghten rules). The defense "was first recognized by Scottish common law to reduce the punishment of the ' partially insane ' ." [ 8 ] It developed from the practice of juries in the 19th century of returning verdicts of guilty with a recommendation as to mercy or mitigation of ...
A man who killed two people near Wichita Falls will not stand trial for capital murder after all, according to court documents. Instead, Daniel Eric Roof, 44, will go to a mental institution.
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 ...
North Carolina v. Alford, 400 U.S. 25 (1970), [1] was a case in which the Supreme Court of the United States affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty, while still protesting his innocence, under duress, as a detainee status.