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What is Criminal Insanity?

Mary McMahon
By
Updated May 17, 2024
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Criminal insanity is a defense which may be used in a criminal case. The criminal insanity defense argues that someone should not be held responsible for a crime because she or he did not understand the ramifications of the crime at the time due to an altered mental state. When someone is found not guilty by reason of insanity, it means that at the time the crime was committed, the person's mental state was such that he or she could not act willfully. The standards which must be met in order for this defense to be accepted vary around the world.

The idea behind criminal insanity is that most legal systems believe that it is unethical to hold someone responsible for a crime if he or she does not understand the crime. People sometimes confuse criminal insanity with mental illness, because of the use of “insane” to describe people who are mentally ill. In fact, mentally ill individuals can be and are held responsible for committing crimes, and not all people who are found criminally insane are necessarily mentally ill.

Criminal insanity is also not the same as competency to stand trial. When someone uses an insanity defense, it is used to argue that the person is not guilty because of his or her state of mind at the time of the crime. When an individual is found incompetent to stand trial, it means that the person lacks the mental capacity to understand the proceedings and cooperate with a lawyer. Just as people are not held responsible for crimes they commit without being aware of it, people are not required to stand trial if they cannot understand what is happening. If the accused becomes competent later, the case can be tried.

For a classical ruling of “cognitive insanity,” it must be shown that the person did not understand the difference between right and wrong at the time of the crime. In some regions, a defense on the grounds of volitional insanity or “irresistible impulse” is allowed. In these cases, someone understood the difference between right and wrong but was unable to act upon it. Mental illness is sometimes invoked in this type of defense, because the defense may argue that the defendant's mental illness restricted impulse control.

If someone is found not guilty by reason of insanity, the court usually strongly recommends psychiatric treatment, and may require it in some cases. This treatment is not intended to be penal in nature. It is also important to note that since this defense is sometimes exploited, courts are very particular about insanity defenses to avoid situations in which people who should be held culpable avoid punishment because they are able to convince the court that they were not of sound mind at the time of the crime.

WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Discussion Comments

By anon318180 — On Feb 06, 2013

If someone commits a crime, they should be held accountable for their actions.

Mary McMahon

Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

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