Quote:
Originally Posted by cheerfulgreek
I know they don't get to go home, but don't they get a lighter sentence if they plead insanity?
|
If you're not guility by reason of instanity, there is no "sentence" because you're not guilty. That doesn't mean you won't be involuntary committed to a mental institution.
There are two things that often get confused -- legally insane for criminal purposes and incompetent to stand trial. The law can vary from state to state on insanity.
For criminal purposes, insanity is a defense. Generally speaking, it means that the defendant, at the time of the crime, was unable to understand the difference between right and wrong, or more specifically that what he was doing was wrong, and therefore was unable to form the specific intent (
mens rea) to do wrong that is necessary for criminal culpability.
As Drolefille says, you can't just say "I'm insane." Neither can a doctor. The jury has to be convinced of it.
Threaded Mode
