Insanity plea

The insanity defense can be used in the U.S. Criminal Court systems, depending on the circumstances of the case. It is a widely debated topic, with many for and against using the insanity plea in court.

History

The insanity plea was leaglized in the United States with the McNaughtan Rule, which came as a direct result of the attempted assassination of British Prime Minister Robert Peel in 1843. The insanity plea can be used if "at the time of the commission of the acts constituting the offense, the defendant as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his acts." The key is that the defendant couldn't appreciate the nature of his actions during the comission of the crime, not before or after.

Use

The insanity plea is used in the U.S Criminal Justice System in less than 1% of all criminal cases, and only one fourth of those defendants are found "not guilty by reason of insanity". 60–70% of all insanity pleas are not in murder cases.

Punishment

Under current U.S law, anyone found "not guilty by reason of insanity" may not be sent to prison, however may be either sent to a mental hospital or released back into the community if they are determined not to be a threat to society.