ALSO WHAT CAN WE DO TO MAKE IT BE ALLOWED AS AN EXCUSE IN THE COURT.
2007-03-07 14:58:46 · 4 answers · asked by kiren a 1 in Politics & Government ➔ Law & Ethics
Well, I know that Kansas does not allow insanity as a defense. A defendant who is mentally ill in Kansas and who is unable to take part in his/her trial, will be held and treated until such time as they will be able to assist in their defense. K.S.A. 22-3220 also states that as a result of mental disease or defect, the defendant lacked the mental state required as an element of the offense charged. In other words, for mens rea crimes, mental disease and defect can be used as a defense, in that the defendant was not able to form the "evil mind" (or evil intent), but there isn't an insanity defense per se.
Many states have severely restricted the use of the insanity defense. Several have completely abolished it. Most legal scholars, and the American Medical Association currently support abolishing the insanity defense as it used to exist, and replace it with either a version of the mens rea defense, or the Guilty But Insane plea.
If you wish to have the insanity defense reinstituted, you would need to convince a majority of your state legislature to do so. I think that unlikely, but if you want to crusade and/or tilt at windmills, that's your right.
2007-03-07 18:00:44 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
Excuse or defense? See right there, I know you are not insane because you know you need a good defense to get cleared of what you did, which apparently you knew was wrong. You may be dumb but not insane!
2007-03-11 13:43:07 · answer #2 · answered by Rhode Island Red 5 · 0⤊ 0⤋
Montana, Idaho, Utah, and Kansas.
2016-03-28 23:02:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would guess it would be Washington DC, politicians would use the plea all the time. And the sad part is, they would qualify.
2007-03-07 15:02:54 · answer #4 · answered by johN p. aka-Hey you. 7 · 1⤊ 0⤋