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.

Related FAQs

How is a plea bargain negotiated in criminal defense law?
What is the difference between a direct and circumstantial evidence in criminal defense law?
What are some strategies for preparing for a criminal defense case?
What is the right to remain silent in criminal defense law?
Are there any special considerations in criminal defense cases involving juveniles?
What is entrapment in criminal defense law?
What are the different stages of a criminal trial?
How can an attorney present a defense strategy in a criminal trial?
What are some strategies for preparing for a criminal defense case?
What is the difference between a felony and a misdemeanor in criminal defense law?

What is an insanity defense in criminal defense law?

Related FAQs

Related Blog Posts