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Insanity defense (view source)

Revision as of 23:22, July 25, 2012

695 bytes added ,  23:22, July 25, 2012
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The '''insanity defense''' is an affirmative defense that may be asserted in some states in order to seek dismissal of a prosecution, although confinement in a mental institution would then likely result.

The recent trend by states has been to limit or virtually abolish the broad insanity defense. In the states of
[[Idaho]], [[Kansas]], [[Utah]], and [[Montana]], their state supreme courts have replaced the insanity defense with a different procedure that only allows a defendant to introduce evidence to negate a specific requirement of intent for a specific crime. In these states the issue becomes one of evidentiary intent, rather than dismissal of the entire case.
[[Category:law]]
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