Insanity Defense
Document Type
Book Chapter
Publication Date
2-2013
Abstract
Legal insanity is a complete defense to a criminal charge (see Criminal Law). Crimes are defined by their criteria, what lawyers call the “elements” of the crime, which the prosecution must prove beyond a reasonable doubt. These usually include an intentional act and a further mental state, called the mens rea. For example, murder is defined generally as the intentional killing of a human being. The prosecution must prove that the defendant intentionally performed a killing act with the intent to kill. Even if the prosecution is able to prove the elements beyond a reasonable doubt, however, a criminal defendant can avoid conviction by establishing an “affirmative” defense of justification or excuse. Many jurisdictions permit placing the burden of proof for legal insanity on the defense, a procedural rule that disadvantages defendants and may be more outcome determinative than the wording of the test for legal insanity.
Publication Title
The International Encyclopedia of Ethics
Repository Citation
Morse, Stephen J., "Insanity Defense" (2013). All Faculty Scholarship. 3359.
https://doi.org/10.1002/9781444367072.wbiee275