What is an insanity defense in criminal defense law?

An insanity defense is a form of criminal defense law that is used in cases where a defendant is accused of a crime but can prove that he or she was legally insane at the time of the crime. Under Virginia’s criminal law, this defense is available when the defendant can prove that he or she was unable to distinguish right from wrong due to a mental illness or defect. To prove this defense, the defendant must demonstrate that they had an illness or defect which prevented them from understanding the criminality of their actions. In Virginia, an insanity defense must be raised by the defendant’s attorney at trial. The defendant’s psychiatrist must provide an evaluation demonstrating the defendant’s mental illness or defect and that this illness or defect prevented the defendant from understanding the criminality of their actions. The court may then hear evidence from the parties and evaluate the defendant’s mental state at the time of the crime. If the court finds the defendant was legally insane at the time of the crime, then the court may find the defendant not guilty by reason of insanity. The burden is on the defendant to prove legal insanity; the prosecution does not have to prove the defendant was sane at the time of the offense. If the defense of insanity is successful, the defendant may be committed to a mental institution or hospital, instead of being sentenced to prison.

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What is an insanity defense in criminal defense law?

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