New Mexico Insanity - Form of Verdict
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FAQ
The four versions of the insanity defense are M'Naghten, irresistible impulse, substantial capacity, and Durham. The two elements of the M'Naghten insanity defense are the following: The defendant must be suffering from a mental defect or disease at the time of the crime.
Some have argued for the abolition of the insanity defense (five states have abolished it).
Six states essentially abolish the insanity defense: Idaho, Kansas, Montana, Nevada, North Dakota, and Utah.
A defendant claiming the defense is pleading "not guilty by reason of insanity" (NGRI) or "guilty but insane or mentally ill" in some jurisdictions which, if successful, may result in the defendant being committed to a psychiatric facility for an indeterminate period.
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.
Each state, and the District of Columbia, has its own statute setting out the standard for determining whether a defendant was legally insane, and therefore not responsible, at the time his crime was committed.
Mental illness is defined as 'a substantial disorder of thought, mood or behavior which afflicted a person at the time of the commission of the offense and which impaired that person's judgment, but not the the extent that he did not know what he was doing or understand the consequences of his act or did not know that ...
In these cases, the defendant may receive treatment in an institution and will be prevented from leaving if they're considered a danger to society. Four states, including Kansas, Montana, Idaho, Utah, don't explicitly allow for the insanity defense.
