This lesson introduces the insanity defense and distinguishes it from other legal doctrines involving mental state. These distinctions matter because similar-sounding legal terms address different questions and can lead to different outcomes.
The insanity defense, also called the mental disorder defense in some jurisdictions, is an affirmative defense by excuse. A defendant argues that a psychiatric disease or mental disorder at the time of the criminal act meant they should not be held criminally responsible under the jurisdiction’s legal test.
All flashcards
Insanity defense
An excuse-based legal claim that a qualifying mental disorder at the time of an offense meets the jurisdiction’s criteria for excusing criminal responsibility.
M’Naghten Rules
A cognitive test asking whether a disease-related defect of reason prevented the accused from knowing the nature of the act or that it was wrong.
Model Penal Code test
A test asking whether mental disease or defect caused a lack of substantial capacity to appreciate criminality or conform conduct to law.
NGRI and GBMI
NGRI is a finding of not guilty by reason of insanity; GBMI is a guilty finding that may include treatment during the sentence.
Competency versus criminal responsibility
Competency concerns present ability to understand proceedings and assist counsel; criminal responsibility concerns the defendant’s condition when the offense occurred.
Quiz questions
What does the M’Naghten test primarily assess?Answer: Whether a defect of reason prevented the accused from knowing the act’s nature or that it was wrong.
Which pair of capacities is addressed by the Model Penal Code test?Answer: Capacity to appreciate criminality and capacity to conform conduct to law.
After a Canadian finding of not criminally responsible, what does a Review Board consider when selecting restrictions?Answer: Whether the person poses a significant public-safety threat and what restrictions are least onerous and least restrictive.
How does a guilty but mentally ill verdict differ from an NGRI verdict?Answer: It is a guilty finding, and treatment may be provided while the person serves a sentence.
What did the U.S. Supreme Court decide in Kahler v. Kansas?Answer: The Constitution does not require states to base an insanity defense on inability to distinguish right from wrong.
Based on the Wikipedia article Insanity defense, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.