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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's definition of insanity has similar core elements: the presence of a mental disease or defect, and a) the inability to control their actions as a result of that defect, and/or b) the inability to differentiate right from wrong as a result of that act.
A successful NGI defense means that defendant will not be incarcerated in a jail or prison, but rather will spend time in a state mental hospital until doctors determine their sanity has been restored.
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.
After a defendant makes this plea, he/she is usually sent to a state mental health facility, a county mental health evaluation and treatment facility or another mental health facility for up to 30 days. Upon arrival, experts will examine the defendant to see if he/she is truly insane.
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.