Can You Plead Insanity?

The insanity defense refers to a defense that a defendant can plead in a criminal trial. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. The insanity defense is classified as an excuse defense, rather than a justification defense.

What does it take to plead insanity?

The federal insanity defense now requires the defendant to prove, by "clear and convincing evidence," that "at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts ...

Is insanity an acceptable plea?

When defendants plead not guilty by reason of insanity, they are asserting an affirmative defense?that is, they admit that they committed a criminal act, but seek to excuse their behavior by reason of mental illness that satisfies the definition of legal insanity.