insanity defense

insanity defense. Criminal law. An affirmative defense alleging that a mental disorder caused the accused to commit the crime. See 18 USCA § 17; Fed. R. Crim. P. 12.

2. • Unlike other defenses, a successful insanity defense may not result in in acquittal but instead in a special verdict (“not guilty by reason of insanity”) that usu. leads to the defendant’s commitment to a mental institution.

— Also termed insanity plea. See MCNAGHTEN RULES; SUBSTANTIAL-CAPACITY TEST; IRRESISTIBLE-IMPULSE TEST; DURHAM RULE; APPRECIATION TEST. [Cases: Criminal Law 47; Homicide 817. C.J.S. Criminal Law §§ 99–108.]

black-rage insanity defense. An insanity defense based on an African-American’s violent eruption of anger induced at least partly by racial tensions. • This defense was first used in the mid-1990s.


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