Criminal prosecution should deter as well as incapacitate. The rationale behind creating a different standard for legal insanity is the goal of a criminal prosecution discussed in Chapter 1 “Introduction to Criminal Law”. However, legal insanity differs from medical insanity and is generally much more difficult to establish. Often, mental disturbance is apparent from the defendant’s conduct under the circumstances. Many criminal defendants suffer from mental illness and can produce evidence of this illness such as psychiatric or layperson testimony. This is generally because of the difficulty in proving legal insanity. However, the insanity defense is rarely used and hardly ever successful. The insanity defense is the subject of much debate because it excuses even the most evil and abhorrent conduct, and in many jurisdictions, legal insanity functions as a perfect defense resulting in acquittal. Montana, Utah, Kansas, and Idaho are the only states that do not (, 2010). Remember that defenses based on excuse focus on the defendant and claim that the defendant should be excused from criminal responsibility for his or her conduct under the circumstances.Īlthough controversial, most states and the federal government recognize an insanity defense (18 U.S.C., 2010). This chapter reviews criminal defenses based on excuse, including the insanity defense. With the exception of alibi and the expiration of the statute of limitations, Chapter 5 “Criminal Defenses, Part 1” explored criminal defenses based on justification.
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