What is the purpose of an insanity defense?
The purpose of an insanity defense is to provide an accused criminal with an opportunity to demonstrate that at the time of the crime, they were unable to distinguish between right and wrong due to a mental illness or disability. In Texas, the purpose of an insanity defense is to absolve or reduce culpability for a crime as a result of the mental illness or disability. It is important to note that the insanity defense is used very rarely in criminal proceedings in Texas. To use this defense, the person must prove beyond a reasonable doubt that they had a mental illness or disability at the time of the crime and that the illness or disability caused them to not understand the criminality of their actions. The use of the insanity defense is governed by the Texas Penal Code, which requires that a person demonstrate by clear and convincing evidence that they were insane at the time of the offense. The jury must determine if the defendant was insane based on the evidence presented by the experts and the facts of the case. Insanity defenses can be a difficult and complex process. It is important to note that if an insanity defense is presented and fails, the defendant may still be convicted of the crime. As such, it is important for those considering an insanity defense to speak to an experienced attorney.
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