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OA1300 - The “insanity defense” might sound like a relic of a time when mental illness was viewed through the lens of demons and witches, and it turns out it is… but also maybe it’s kind of woke? Jenessa walks us through the history of Old English and Early American iterations of the defense, various tests that are applied today, and what happens afterwards that most people don’t get to see.

Cases and sources discussed:

Chris Liberati-Conant “It’s Time To Take ‘Hygiene’ out of the Mental Hygiene Law”

Legal Information Institute summary of insanity defenses

NY Criminal Procedure Law § 330.20

“Law and the Mental Health System”

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General Contact Unit Problem Child

My assumption would be if someone is found not criminally responsible because of mental problems it’s normally the case that everyone (IE including the judge and prosecutors) agrees to it and there’s no trial where one side is arguing the person is of sound mind. Is that not the case in the US?

Jenessa Seymour

Not at all. It is frequently a disputed issue of fact that is resolved at trial. “Battle of the experts” where the defense has experts testify as to the poor mental state of the defendant, and the prosecution has their own experts examine the defendant and then testify that actually they were of sound mind. You absolutely can plead insanity, but if the DA doesn’t agree to it, and I was told that in NY they frequently don’t, it’s going to trial.

Ryan

That is highly unlikely as the adversarial process tends to be the norm