Justification for the insanity defense is that persons should not be punished for what they cannot help doing. The insanity defense is relatively rare and generally advanced only in serious cases when there is no other promising defense. Legal definitions of insanity have included the M'Naghten rule (did not know act was wrong), irresistible impulse (could not control conduct), the Durham rule (act caused by mental illness), and the Brawner rule (incapacity to perceive act's wrongfulness or resist it). Present Federal law defines legal insanity as the incapacity to appreciate the wrongfulness of the act. The defense must prove this with clear and convincing evidence. Those favoring the abolition of the insanity defense argue that the jury should only determine if the defendant had criminal intent, with evidence of mental illness being introduced only on this issue. Some States permit the verdict of guilty but mentally ill, which provides for sentencing accompanied by psychiatric treatment. Persons found NGRI may spend more time in a mental hospital than they would have spent in prison if convicted. 13 references.
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