Georgia Self-Defense
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FAQ
Four states, including Kansas, Montana, Idaho, Utah, do not allow the insanity defense. In other states, the standards for proving this defense vary widely. The following provides the status of the insanity defense in each jurisdiction.
Georgia is what is known as a ?Stand Your Ground? state. Here, there is no duty to retreat from imminent danger before defending yourself or others. As long as the threat is reasonably imminent, you can use force to protect yourself without being required to first try to get away from the threat.
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 ...
Georgia Law O.C.G.A. §16-3-2 Outlines the Insanity Defense If the defendant is legally insane at the time of his criminal act, no criminal liability will be imposed. The burden of proof is on the defendant to prove insanity by a preponderance of the evidence while the State must prove sanity beyond a reasonable doubt.
If a person uses force to defend themselves from the perceived threat, this is considered ?imperfect self defense.? Imperfect self defense does not excuse a crime, but it can lessen the penalties. Not every state recognizes imperfect self defense for using force, and Georgia only allows it as a defense for murder.
Most courts have held that diagnoses such as schizophrenia, major depressive disorder, and bipolar disorder qualify as a mental disease for the purpose of insanity. Diagnoses such as personality disorders, paraphilias, and voluntary substance intoxication do not usually qualify.
Georgia is a Stand Your Ground state, meaning your rights as to where you may defend yourself is virtually unlimited. Unlike the Castle Doctrine, you can defend yourself beyond your home, vehicle or place of employment.
Four states, including Kansas, Montana, Idaho, Utah, don't explicitly allow for the insanity defense. In other states, the criteria for proving this defense vary widely.
