Defendant, through his/her attorney moves the court that he/she be acquitted of certain matters because he/she is both-feeble minded and insane
Kansas Motion for Acquittal Based on Insanity
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Approximately 10% of those pleading insanity were discharged, withdrawn, or found not guilty, while 64% were found guilty and 26% were acquitted NGRI. Furthermore, even those who were found guilty did not necessarily go to prison.
The highlights in this kind of defence are that it acts as an advantage for insane and mentally ill people who may commit crimes due to unsound mind (without any mens rea). The challenge is that violent criminals take advantage of the loopholes in insanity defence as a plan to escape liability of the crime.
In 1995, the Kansas legislature adopted what is referred to as the ?mens rea approach? and abolished the affirmative insanity defense. This approach allows a defendant to be acquitted who lacks the requisite mental state for the crime, without consideration of the defendant's understanding of wrongfulness. In Kahler v.
Ing to an eight-state study, the insanity defense is used in less than 1% of all court cases and, when used, has only a 26% success rate. Of those cases that were successful, 90% of the defendants had been previously diagnosed with mental illness.
A legal determination of acquittal by reason of insanity puts the legal question to rest so that both patient and providers can work unencumbered toward recovery goals.
The Reality of Insanity Pleas One study found that the insanity defense is only used in about 1% of all court cases. It is only successful in about 26% of those cases. So, approximately one-quarter of 1% of cases in the U.S. criminal justice system end with a defendant being found not guilty because of insanity.
