Insanity Defense Legal Standards
Insanity Defense Legal Standards
(Insanity Defense Legal Standards)
The insanity defense is a legal standard used to argue that a defendant should not be held criminally responsible for their actions due to a severe mental illness at the time of the offense. Legal standards for this defense vary by jurisdiction, but they generally revolve around the concept that the defendant lacked the mental capacity to understand the nature of their actions or to distinguish right from wrong.
In the United States, two main tests are commonly used: the M’Naghten Rule and the Model Penal Code (ALI) Test. The M’Naghten Rule requires proof that, due to a severe mental disorder, the defendant did not know the nature of their act or did not understand it was wrong. The ALI Test, established by the American Law Institute, broadens this to include defendants who lacked substantial capacity to appreciate the criminality of their conduct or to conform their conduct to the law due to mental illness.
Successful use of the insanity defense often results in a verdict of not guilty by reason of insanity (NGRI), leading to commitment to a mental health facility rather than a prison. However, this defense is controversial and often subject to rigorous scrutiny in court.
3:2 Assignment 2: RA 1: Legal Requirements
The insanity defense is as old as it is controversial. There are times when insanity truly applies and times when it is not easy to determine. In either case, the documentation of services provided to these clients is typically heavily scrutinized by attorneys since documentation is the primary means used by courts to measure insanity as it meets legal standards. This assignment will allow you to examine the legal standards for insanity in your jurisdiction in addition to the requirements for the documentation of services provided to these individuals.
Tasks:
Search your state and regulatory boards, professional associations, state psychology boards, and state psychological associations. Use resources from professional literature to support your response. Professional literature may include relevant textbooks; peer-reviewed journal articles; and websites created by professional organizations, agencies, or institutions (.edu, .org, and .gov).
Write a 3- to 4-page paper, including the following:
· What are the legal requirements in your jurisdiction regarding the documentation of data provided by a forensic psychology professional? If not-guilty-by-reason-of-insanity (NGRI) and guilty-but-mentally-ill (GBMI) evaluations are not recognized by your jurisdiction, review the legal requirements in a jurisdiction where they are the standard.
· What are the specific laws and rules regarding the documentation of psychological services?
· What are the differences between the requirements for clinical work and the requirements for forensic work, if any?
· What standards are used in your jurisdiction for an insanity plea?
· Do the insanity standards identify mental disease or defect with any exclusions, such as substance use? Explain.
