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
Michigan Motion for Acquittal Based on Insanity
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Bobbitt argued that she suffered years of abuse and was sexually assaulted by John Bobbitt, which resulted in her snapping and cutting off his genitals. The jury found her not guilty by reason of temporary insanity. Bobbitt was ordered by a judge to go through a 45-day evaluation period in a mental hospital.
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 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.
Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
If a person is acquitted as the result of an insanity defense, they do not necessarily get to go free. They face possible confinement to a mental institution, are required to undergo numerous psychiatric tests and must be immediately committed to the Center for Forensic Psychiatry.
?Not guilty by reason of insanity? is a plea by a criminal defendant who admits the criminal act, but claims that they were mentally disturbed at the time of the crime and lacked the mental capacity to have intended to commit a crime. Such a plea requires that a court conduct a trial on the issue of insanity alone.
Four variations of the insanity defense currently exist: M'Naghten, irresistible impulse, substantial capacity, and Durham. M'Naghten Insanity Defense. ... Irresistible Impulse Insanity Defense. ... The Substantial Capacity Test. ... The Durham Insanity Defense. ... Proving Insanity. ... Diminished Capacity. ... Mental Competence to Stand Trial.
To prove legal insanity, there is a two-prong test. The defense must show: That the defendant was legally mentally ill at the time of the offense. And, that the defendant lacked the capacity to understand the wrongfulness of his crime or was unable to conform his behavior to the law.