What is an insanity defense in criminal defense law?

An insanity defense in criminal defense law is a legal defense used by defendants in criminal cases who argue that they should not be held responsible for their actions because they were legally insane at the time of the offense. This type of defense is based on the theory that individuals with certain mental disorders, either temporary or permanent, may not understand the consequences of their actions or be able to control themselves when committing criminal acts. In Virginia, the defense of insanity must be proven by “clear and convincing evidence” which is a higher standard of proof than in other criminal cases. The evidence presented must show that at the time of the offense, the defendant lacked the mental capacity to either understand or appreciate the wrongfulness of their actions. If the defense is successful the defendant may either be found not guilty by reason of insanity, or may be found guilty but mentally ill.

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