What is an insanity defense in criminal defense law?

An insanity defense is a legal argument used in criminal defense law in West Virginia to excuse a defendant from being held criminally responsible for a crime. The theory behind the defense is that a person cannot be convicted of a criminal act if they were unable to appreciate its wrongfulness due to a mental illness or defect. In West Virginia, the insanity defense is established under the West Virginia Code section 61-2-18. To support an insanity defense, the defendant must prove that he or she had a mental condition at the time of the offense and that this mental condition caused the defendant to be either unable to understand the wrongfulness of the act, or unable to control their behavior and act in conformity with the law. The defendant will need to present evidence that shows he or she was suffering from a mental disorder at the time of the offense. Evidence can be presented from a psychological assessment or from medical records. The court will usually need to evaluate the evidence to determine whether the defendant was insane. If the court finds the defendant was insane at the time of the offense, they will be acquitted and instead sent to a mental health facility for treatment and monitoring.

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What is an insanity defense in criminal defense law?

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