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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 their actions due to a psychiatric disease at the time of the criminal act.
If a court accepts the proof of temporary insanity and finds you not guilty, you are not likely to face time in a psychiatric facility. The temporary insanity defense is rare. It is typically used for circumstances where events leading up to the criminal act had a direct impact on the commission of the crime itself.
Approximately 10% of those pleading insanity were discharged, withdrawn, or found not guilty, while 64% were found guilty and 26% were acquitted NGRI.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.
Likewise, it is important to emphasize that not all persons who were unsuccess- ful in their insanity plea were convicted. Approximately 10% of those pleading insanity were discharged, withdrawn, or found not guilty, while 64% were found guilty and 26% were acquitted NGRI.
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.
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.