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11 answers

Essentially, your lawyer has to prove that you were so severely mentally deranged that you lacked the ability to know right from wrong. That's not an easy task.

2007-01-16 10:38:47 · answer #1 · answered by tychobrahe 3 · 2 0

It's a plea that says the person was insane temporarily during the crime. Even if it lasts a few minutes.
Doesn't often work, some judges just won't allow it and it's very difficult for the defendant to prove.
If you are Temporarily insane but know what you did was wrong, the courts have found there is no insanity.

2007-01-16 10:41:41 · answer #2 · answered by Nort 6 · 0 0

In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill at the time of their allegedly criminal actions. It is important to note that the legal definition of "insane" in this context is quite different from the psychiatric definitions of "mentally ill". Also, the definition of insanity varies from one jurisdiction to another.

The insanity defense is still in use in the United States, while Australia and Canada have renamed it the mental disorder defense, and Commonwealth nations tend to shy away from it, partially due to the stigma of the word "insanity".

In England and Wales, for instance, the use of this defense is fairly rare. It is more common for someone with a mental illness to use the fact that they were mentally ill at the time of the offense as mitigation (which is distinct from a complete defense, which is what insanity is), or to use their mental state at the time of the trial to alter their sentence if found guilty (That is, once found guilty they receive an order committing them to a hospital rather than a prison sentence). When insanity is used, the person may still receive a hospital order.

The insanity defense is available in most jurisdictions that respect human rights and have a rule of law, though the extent to which it can or should be applied may differ widely between jurisdictions: for example, as in cases involving the battered-woman syndrome. Where the self-defense defense is not available, a defendant may be forced to choose between an insanity defense and provocation.

This defense is based on the principle that punishment is only reasonable if the defendant is capable of distinguishing right and wrong. A defendant making this argument might be said to be pleading "not guilty by reason of insanity"

2007-01-16 10:42:31 · answer #3 · answered by Anonymous · 0 0

What it means is that for a short amount of time the person in question was unable to distinguish right from wrong. Usually caused by some external stress. A hostage situation is a good example. Also caused by abuse of drugs or alchohol.
It's hard to prove but even if you do it doesn't mean you won't serve jail time.
Do it does not always work. Most states have a very high burden of proof for this defense.

2007-01-16 10:41:21 · answer #4 · answered by actionfolksinger 2 · 0 0

it basically means that you are not crazy, but were insane for a brief period of time- the time where you committed the crime

the defense attorney will file the motion and sometimes the prosecuter will make a deal then and there. if not the prosecuter can try to get it thrown out. if it stays and the case goes to trial, its up to the defense to prove that the defendant was insane during the crime.

it doesn't always work. sometimes it fails the first time and works during an appeal- as we saw with Andrea Yates

2007-01-16 11:53:00 · answer #5 · answered by Anonymous · 0 0

A criminal defense asserting that at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. U.S.C. 18

A person is insane, and is not responsible for criminal conduct if, at the time of such conduct, as a result of a severe mental disease or defect, he was unable to appreciate the nature and quality or the wrongfulness of his acts. This is because willfull intent is an essential part of most offenses; and a person who is insane is not capable of forming such intent. Mental disease or defect does not otherwise constitute a defense; the person has the burden of proving the defense of insanity by clear and convincing evidence.

2007-01-16 10:39:16 · answer #6 · answered by Jack C 5 · 0 0

I'm pretty sure it means you got so enraged, or so mad that you just lost it and it would probably be classified as a break-down.
It means you sorta stepped back and watched yourself do whatever you did as if you had no control over yourself.
It can work for certain things, but other thing like murder, you would need to take some test designed to check if you are insane, and if you pass, your screwed and stuck in a looney bin for 15 years, and if you fail, you get 25 to life.

2007-01-16 10:40:38 · answer #7 · answered by keepinitril 3 · 0 1

doesnt always work becuase everyone that kills someone tries to plea the dam thing but in short its like losing it in rage where you black out its temp insanity, not a lawyer so dont quote my answer

2007-01-24 07:53:29 · answer #8 · answered by Anonymous · 0 0

It means that a pyschiatrist has found that at the time of the crime, you were in an emotional state in which you were unable to tell right from wrong, and did not understand the nature of your crime.

2007-01-16 10:40:59 · answer #9 · answered by Anonymous · 0 0

I have this to say about anyone that committs violent crimes they are all insane at the time or they wouldn't do these horrible crimes now someone prove me wrong!

2007-01-24 01:50:02 · answer #10 · answered by sally sue 6 · 0 0

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