“Disease of the mind”, is any illness, disorder, or abnormal condition which impairs the human mind and its functioning. It excludes temporary conditions of alcohol, drugs, hysteria or concussion. People use this as an excuse to criminal liability because mental illness is covered under section 16 of the Criminal Code. The insanity defense prevents a mentally-incapacitated person from being criminally punished. In order to plea insanity, the courts provide a variety of legal test to help determine the mental state of the offender. The most used test is the M’Naghten rule; which states that an offender is insane if mental illness prevents them from knowing the difference between right and wrong. Another test that states like to use is the “irresistible impulse” test. This test states that “If the defendant is suffering from a mental disease that prevents control of personal conduct, he or she may be adjudged not guilty by reason of insanity, even if he or she knows the difference between right and wrong.” Pleading insanity is by no means a “get out of jail free” card. Most offenders that are found not guilty because of insanity are sent to a mental health institution. They are required to be there for a long period of time, most spend longer in the institution than they would have spent in prison if they had been found
“Disease of the mind”, is any illness, disorder, or abnormal condition which impairs the human mind and its functioning. It excludes temporary conditions of alcohol, drugs, hysteria or concussion. People use this as an excuse to criminal liability because mental illness is covered under section 16 of the Criminal Code. The insanity defense prevents a mentally-incapacitated person from being criminally punished. In order to plea insanity, the courts provide a variety of legal test to help determine the mental state of the offender. The most used test is the M’Naghten rule; which states that an offender is insane if mental illness prevents them from knowing the difference between right and wrong. Another test that states like to use is the “irresistible impulse” test. This test states that “If the defendant is suffering from a mental disease that prevents control of personal conduct, he or she may be adjudged not guilty by reason of insanity, even if he or she knows the difference between right and wrong.” Pleading insanity is by no means a “get out of jail free” card. Most offenders that are found not guilty because of insanity are sent to a mental health institution. They are required to be there for a long period of time, most spend longer in the institution than they would have spent in prison if they had been found