Definition Insanity Defense In Law

The defence of insanity is a general defence which is available to all crimes where a defendant is found to be insane the jury are directed to give a special verdict of not guilty by reason of insanity under s 2 of the trial of lunatics act 1883 this previously meant automatic admittance to secure accommodation.

Definition insanity defense in law. This is contrasted with an excuse of provocation in which the defendant is responsible but the responsibility is. The insanity defense is classified as an excuse defense rather than a justification defense. Insanity defense law and legal definition the defense of insanity is asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime. The insanity defense is rooted in the belief that conviction and punishment are justified only if the defendant deserves them.

The essence of this defense is that at the time of the crime the person did not appreciate the nature or quality or wrongfulness of the acts by reason of his her insanity. Release was only possible on authority of the home secretary. Overviewthe insanity defense refers to a defense that a defendant can plead in a criminal trial. The insanity defense also known as the mental disorder defense is an affirmative defense by excuse in a criminal case arguing that the defendant is not responsible for his or her actions due to an episodic or persistent psychiatric disease at the time of the criminal act.