How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Criminal Law question
Type Your Criminal Law Question Here...
characters left:
10 Criminal Lawyers are Online Now

Insanity Defense Questions

What is Insanity Defense?

In illegal trials, the insanity defense is where the defendant declares that they were not accountable for his or her actions due to mental issues psychiatric sickness or mental handicap.

What is the insanity defense plea intended for?

The insanity defense is intended to prevent people from being convicted when they didn't have the mental state to commit a crime. In other words, the insanity defense removes the intent of the action. The person wasn't "sane" enough to develop the necessary level of intent to commit the crime. There's a good explanation of the insanity defense at the following link:
http://crime.about.com/od/issues/a/insanity.htm

Who has to prove insanity defense, the alleged or the prosecution?

The burden of proof is with the party alleging insanity. Thus, if the defendant is raising the insanity defense then they must prove it.

What are four insanity defense standards.

Wild Beast Standard: not guilty by reason of insanity as to be totally deprived or reason such as an infant or a wild beast.

M'Naghten Rule or Standard: wherein it must be clearly proven that at the time of the crime, the defendant was 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 he did not know he was doing what was wrong. Irresistible Impulse Standard: similar to the New Hampshire Rule wherein "mental disease" may impair self control even when cognition is relatively unimpaired

Diminished Capacity Standard: a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law and is based on some type of aggressive abuse toward the defendant for a period of time wherein the defendant snaps due to the abuse suffered

What are a few criminal defenses that could also go along with the insanity defense?

There are many different defenses used by a criminal attorney at criminal trial. Each trial is different and each trial is based upon a different set of circumstances. Thus:

Duress
The common law rule of duress provides that the defense of duress is available to a defendant coerced to commit a criminal act through the use of, or the threat of force against his person or the person of another. A claim of duress must involve the threat of imminent peril of death or serious injury, operating on the defendant's mind and overbearing his will. Threats to third persons may qualify as well.

Self-Defense
According to the rule of self defense, a defender may use deadly force only if he reasonably believes that such force is necessary to avoid death or serious bodily injury; he did not provoke the use of force against himself in the same incident; and finally, he could not retreat with complete safety. If any of these factors is negated; i.e., the defender did not reasonably believe deadly force was necessary; he provoked the incident, or he could retreat with safety, then his use of deadly force in self-defense was not justifiable and he may be prosecuted for injuries or death he inflicts on the assailants or on bystanders. If his use of deadly force was justifiable, he may not be prosecuted for either.

Intoxication
In many, jurisdictions, intoxication may negate specific intent, a particular kind of mens rea applicable only to some crimes. For example, lack of specific intent might reduce murder to manslaughter. Voluntary intoxication nevertheless often will provide basic intent, e.g., the intent required for manslaughter. On the other hand, involuntarily intoxication, for example by punch spiked unforeseeably with alcohol, may give rise to no inference of basic intent and would be considered an affirmative defense.

There are times that you need answers to your tough questions — questions that may be too sensitive for you to consult a friend or co-worker. Sometimes, you may want to discuss your issues with a neutral party who is experienced in the legal area that you are dealing with. If you are having issues with Insanity Defense or just need answers to your questions pertaining to an Insanity Defense you can ask the Experts. Experts answer many of the legal questions related to an Insanity Defense in an efficient and knowledgeable manner.

Ask a Criminal Law question
Type Your Criminal Law Question Here...
characters left:
10 Criminal Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21112
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21112
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18365
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8472
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3824
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3290
    DVM, Emergency Veterinarian, BS (Physiology)