
The insanity defense, also known as not guilty by reason of insanity (NGRI), is a legal concept that has been used in various jurisdictions, including the United States, the United Kingdom, Ireland, Australia, Canada, and Texas. This defense allows defendants to argue that they are not guilty of a crime due to their mental state at the time of the offense. The insanity defense is based on evaluations by forensic mental health professionals, who provide expert testimony to guide the jury's decision. However, the ultimate judgment of the defendant's sanity is determined by the jury or judge, not solely by mental health professionals. The definition of legal insanity varies among jurisdictions, with tests such as the M'Naghten Rule, the Durham Rule, and the Irresistible Impulse Test being applied differently in different regions. While the insanity defense is a rare strategy, it has been used in several high-profile cases and remains a controversial topic in the criminal justice system.
| Characteristics | Values |
|---|---|
| Legal definition | Varied, including the M'Naghten Rule, the Durham Rule, the 1953 British Royal Commission on Capital Punishment report, the ALI rule (American Legal Institute Model Penal Code rule), and other provisions |
| Basis | Being incapable of distinguishing right from wrong |
| Criminal responsibility | Determined by a jury, not by a mental health professional |
| Plea | Not guilty by reason of insanity (NGRI) or guilty but insane or mentally ill |
| Verdict | May result in the defendant being committed to a psychiatric facility for an indeterminate period |
| Legal competency | A criminal defendant cannot stand trial if they are deemed legally incompetent |
| Legal insanity | Requires that the person, by reason of mental disease or defect, was incapable of either: intent to commit a crime, or knowing what they were doing was wrong |
| Commitment | A person found not guilty by reason of insanity will be confined in a state hospital or placed in a conditional release program |
| Duration of commitment | A person found not guilty by reason of insanity cannot be committed to a mental hospital for longer than the maximum sentence of the crime |
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What You'll Learn
- The insanity defence is rare and rarely successful
- The defendant must prove they were insane at the time of the crime
- Mental health professionals can provide expert testimony but the jury decides
- The M'Naghten Rule is a standard to be applied by the jury
- A successful insanity defence means no criminal liability due to lack of mens rea

The insanity defence is rare and rarely successful
The insanity defence, or 'not guilty by reason of insanity' (NGRI), is a legal concept that has been used in various jurisdictions, including the United States, the United Kingdom, Ireland, Canada, Australia, and Texas. It allows a defendant to claim that they were not guilty of a crime due to their mental state at the time of the offence. This defence is often portrayed in movies and TV shows, but in reality, it is rarely used and even more rarely successful.
The use of the insanity defence varies across different legal systems. In the United States, for example, the M'Naghten Rule, the Durham Rule, and the ALI rule (American Legal Institute Model Penal Code rule) are all recognised legal definitions of insanity. The M'Naghten Rule, which originated from a case in 1843, focuses on the defendant's ability to distinguish right from wrong. The ALI rule, on the other hand, emphasises the defendant's inability to conform their conduct to the requirements of the law due to a mental disease or defect.
Despite being a recognised legal defence, pleading NGRI is not a common strategy. In Texas, for instance, it is only raised in about one percent of all criminal cases. This rarity could be attributed to the difficulty of proving temporary insanity, as well as the public's perception of releasing "insane" defendants back into the community. Additionally, the definition of insanity varies among jurisdictions, and there is no standardised test for determining insanity. The evaluation process typically involves mental health professionals, but the ultimate decision rests with a jury or judge.
When the insanity defence is used, it is even less likely to result in a successful verdict of NGRI. In Texas, for example, of the small percentage of cases where the defence is raised, only about 26% are successful. This low success rate could be due to the challenge of meeting the stringent criteria for proving insanity, as well as the potential for jurors to struggle with the concept of finding someone "not guilty" when they know a crime was committed. As a result, defendants may opt for alternative options, such as a Guilty but Mentally Ill (GBMI) verdict, which allows for a determination of mental illness without requiring a finding of insanity.
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The defendant must prove they were insane at the time of the crime
The insanity defense is a plea entered by a defendant in a criminal trial, claiming that they were so mentally disturbed or incapacitated at the time of the offense that they lacked the required intention to commit the crime. This is also known as the "not guilty by reason of insanity" (NGRI) defense. The defendant must prove they were legally insane at the time of the crime, and this is a difficult defense to prove, rarely succeeding in criminal trials.
The definition of insanity varies among jurisdictions, but most require a mental evaluation as the first step when claiming insanity. Psychiatrists or psychologists can provide expert testimony about the defendant's state of mind at the time of the offense, but they are not allowed to testify about the accused's criminal responsibility, as this is a matter for the jury to decide. The jury or judge will decide whether the professional's testimony and other evidence support a finding of criminal insanity.
In the United States, the M'Naghten Rule, or the right-wrong test, is commonly used. This involves mental defects that lead someone to believe in the rightness of their crime. The rule creates a presumption of sanity unless the defense proves that "at the time of committing the act, the accused was laboring under such a defect of reason, from the 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." Other states use the Irresistible Impulse Test, which reviews someone's awareness and willpower at the time of the crime.
In Texas, a "not guilty by reason of insanity" plea is a seldom-used defense, raised for defendants who did not know their conduct was wrong due to severe mental illness or defect. Defendants who are found not guilty by reason of insanity in Texas cannot be committed to a mental hospital for longer than the maximum sentence for the crime.
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Mental health professionals can provide expert testimony but the jury decides
The insanity defence is a complex area of law, with varied definitions of insanity across jurisdictions. Mental health professionals can provide expert testimony, but the ultimate decision on a defendant's sanity rests with the jury. This is because mental health professionals are not allowed to testify on the accused's criminal responsibility or the "'ultimate issue'" of insanity.
In the United States, a psychiatrist, psychologist, or other mental health professional is often consulted as an expert witness in insanity cases. They can provide testimony and a professional opinion on the defendant's state of mind at the time of the offence. However, they cannot make a judgement on the defendant's criminal responsibility or their sanity. That decision lies with the jury, who must consider the professional's testimony alongside other evidence to determine whether the defendant is criminally insane.
The insanity defence is based on evaluations by forensic mental health professionals, applying the appropriate test according to the jurisdiction. The first famous legal test for insanity came in 1843 in the M'Naghten case, which established the M'Naghten Rule. This rule created a presumption of sanity unless the defence proved that, at the time of committing the act, the accused was labouring under a defect of reason due to a disease of the mind, such that they did not know the nature and quality of their actions or that they were wrong. While the M'Naghten Rule focuses on cognition, the "Irresistible Impulse" test focuses on the volitional components of insanity. This test allows a jury to find a defendant not guilty by reason of insanity if they were compelled to commit the offence by a mental disease or defect.
The use of the insanity defence is rare, and it is even less frequently successful. It is only used in about 1% of all court cases and is successful in around 26% of those cases. This may be because jurors struggle to find someone "not guilty" when they know the defendant committed a crime. Additionally, jurors often wrongly believe that a finding of not guilty by reason of insanity will result in the defendant being released onto the streets, even if they are mentally ill and potentially dangerous.
In conclusion, while mental health professionals play a crucial role in providing expert testimony in insanity cases, the ultimate decision on a defendant's sanity rests with the jury. This separation of responsibilities reflects the underlying differences in philosophy between mental health professionals and legal professionals in the context of the insanity defence.
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The M'Naghten Rule is a standard to be applied by the jury
The M'Naghten Rule, also known as the "right-wrong test", is a standard to be applied by the jury in criminal cases where the defendant pleads "not guilty by reason of insanity". This rule was established in 1843 after the acquittal of Daniel M'Naghten, who shot and killed the secretary of the British Prime Minister, mistaking him for the Prime Minister himself. M'Naghten was acquitted "by reason of insanity" and placed in a mental institution for the rest of his life. However, the case caused an uproar, leading Queen Victoria to order the development of a stricter test for insanity.
The M'Naghten Rule is a standard that guides the jury in determining whether the defendant was labouring under a defect of reason or a disease of the mind at the time of the act, such that they did not know the nature and quality of their actions or that they did not know their actions were wrong. In other words, it focuses on the cognitive ability of the defendant to understand the wrongness of their actions, rather than their volitional capacity to control their behaviour. This rule has been interpreted and modernised through subsequent cases, such as People v. Serravo, to include the inability to distinguish right from wrong as a basis for being found legally insane.
The M'Naghten Rule is applied by the jury after hearing medical testimony from both prosecution and defence experts. It is important to note that mental health professionals provide expert opinions, but the ultimate legal judgment of the defendant's sanity is determined by the jury. The rule creates a presumption of sanity, and it is the burden of the defence to prove that the accused was suffering from a mental disease or defect that impaired their ability to comprehend the nature of their actions or the wrongness of their conduct. This defence is often challenging to prove and is rarely used in criminal trials, with varying success rates across different jurisdictions.
While the M'Naghten Rule is widely applied, some jurisdictions have adopted alternative tests, such as the "Irresistible Impulse" test, which focuses on the volitional aspect of insanity. This test acknowledges that some defendants may understand the wrongfulness of their actions but are incapable of self-control due to a mental disease or defect. The "Irresistible Impulse" test addresses the tension between levying punishment and acknowledging the defendant's inability to control their actions due to a genuine mental health issue. However, it also raises practical concerns within the M'Naghten framework, and the ultimate decision rests with the jury, who may find it challenging to balance the complexities of mental health evaluations with the need for criminal justice.
The application of the M'Naghten Rule by juries is a critical aspect of the criminal justice system, balancing the need for accountability with the recognition of mental health issues that may impair an individual's ability to comprehend the nature and wrongness of their actions. It is a nuanced and evolving area of law, influenced by changing understandings of mental health and the role of expert testimony in legal proceedings.
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A successful insanity defence means no criminal liability due to lack of mens rea
A defendant in a criminal case may enter a plea of 'not guilty by reason of insanity' (NGRI). This is a plea that essentially admits the defendant committed the act but denies responsibility because they lacked the capacity to act with criminal intent at the time. This is because they were so mentally disturbed or incapacitated at the time of the offence that they did not have the required intention to commit the crime.
The insanity defence is based on evaluations by forensic mental health professionals, who provide testimony to guide the jury. Mental health practitioners are restrained from making a judgment on the "ultimate issue", i.e., whether the defendant is insane. The jury or judge makes this decision based on the testimony and other evidence.
The legal definition of insanity varies, but it includes the M'Naghten Rule, the Durham rule, the 1953 British Royal Commission on Capital Punishment report, and the ALI rule (American Legal Institute Model Penal Code rule). The M'Naghten Rule, or the "right-wrong test", involves mental defects that lead someone to believe in the rightness of their crime. The Irresistible Impulse Test, on the other hand, reviews someone's awareness and willpower that led to the crime. Under this test, a jury may find a defendant not guilty by reason of insanity if the defendant was compelled to commit the crime due to a mental disease or defect.
A successful insanity defence means no criminal liability due to a lack of mens rea. Mens rea refers to the required mental state, such as negligence or recklessness, when committing a crime. Insanity is classified as an excuse defence, and a successful insanity plea means the defendant is not guilty of the crime because they didn't have the mental capacity required to commit it. If a defendant is found not guilty by reason of insanity, they could still be committed to a psychiatric institution or state hospital.
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Frequently asked questions
"Not guilty by reason of insanity" is a plea entered by a defendant in a criminal trial, claiming that they were so mentally disturbed or incapacitated at the time of the offence that they did not have the required intention to commit the crime, and are therefore not guilty.
"Not guilty" is a plea entered by a defendant in a criminal trial, claiming that they did not commit the crime. "Not guilty by reason of insanity" is a plea entered by a defendant in a criminal trial, claiming that they were legally insane at the time of the crime and therefore lacked the capacity to act with criminal intent.
If a person is found not guilty by reason of insanity, they may be confined in a state hospital or placed in a conditional release program. The length of confinement may be equal to the maximum sentence that could have been imposed for their crime.
To prove "not guilty by reason of insanity", a defendant must undergo a mental evaluation by a psychiatrist or psychologist who can provide expert testimony on their state of mind at the time of the offence. The ultimate decision on criminal insanity is made by a jury or judge based on the professional's testimony and other evidence.

























