Criminal Law-Defenses (Insanity)
There are several defenses that can be raised in a criminal case.
One of the more newsworthy defenses is that of insanity. Different states have adopted different rules as to how insanity is to be determined.
Some states adopt a simple test known as the M’Naghten rule, which is simply a determination of whether the perpetrator was able to distinguish right from wrong. Other states adopt the irresistible impulse test that may apply when a defendant knew he or she was doing wrong, but the status of his or her mind prevented him or her from controlling his or her conduct—he or she was overtaken by an irresistible impulse to engage in that behavior.
The District of Columbia adopted the Durham test several years ago. It provides that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect. These types of insanity defenses are generally the subject of a good deal of controversy and normally involve expert testimony from psychiatrists or other mental health professionals.
