State of insanity adult chat site
S.: A defendant may be found not guilty by reason of insanity if "at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong." (emphasis added) This test is also commonly referred to as the "right/wrong" test. A major 1991 eight-state study commissioned by the National Institute of Mental Health found that less than 1 percent of county court cases involved the insanity defense, and that of those, only around one in four was successful.Twenty-two jurisdictions use some variation of the Model Standard set out by the American Law Institute (A. Ninety percent of the insanity defendants had been diagnosed with a mental illness.On the other hand, they say, mentally ill defendants are guaranteed to receive the treatment they need, and suicides like Ralph Tortorici's would happen less often.
• What happens in states where there is no insanity defense?
It is generally a low-level standard that requires merely that a defendant understands the proceedings against him -- that he is being tried for a crime, and the relative roles of prosecutor, defense attorney, and judge -- and be able to assist his attorney in his defense.
The low standard reflects the attempt to provide as many people as possible a day in court, while excluding those individuals who are so sick as to be completely unable to comprehend the proceedings or to assist their attorneys.
Until 1972, defendants found incompetent to stand trial often ended up being institutionalized automatically and indefinitely. If the determination is made that he will not, commitment proceedings must be initiated or the defendant must be released.
: THE INSANITY DEFENSE • What are the legal standards for insanity?