Mental health professionals need a basic understanding of the insanity defense. This article provides an overview of the historical origins of the defense and current day application. The word insanity has a special meaning in the judicial system, different than that used by medical professionals. A successful insanity defense allows a defendant to be found “not guilty by reason of insanity.” While this verdict is an acquittal, it almost always leads to commitment to a psychiatric facility. Courts give considerable weight to the opinions of psychiatric experts when assessing an insanity plea. To provide such an opinion, a psychiatrist must understand their jurisdiction’s insanity standard, review the facts of the case, and perform detailed interviews. Using this information, they offer an opinion on a defendant’s state of mind at the time of the crime. …show more content…
The insanity defense is a controversial legal construct. In most jurisdictions, it is an affirmative defense; the burden of proof is shifted onto the defendant. Affirmative defenses exist due to society’s perception that under certain circumstances criminal actions are justified, or excusable. Other examples include entrapment and self-defense. A successful affirmative defense allows an otherwise guilty defendant to avoid criminal responsibility. 1 Most affirmative defenses allow a successful defendant to avoid punishment. The insanity defense is different; on acquittal, a defendant receives a special verdict: not guilty by reason of insanity (NGRI). NGRI acquittees remain under court jurisdiction and are almost always civilly committed to a psychiatric facility, where they remain as long as they are considered mentally ill and dangerous. The NGRI acquittee’s confinement is often longer than it would have been if found guilty of the original