Insanity Defense Flashcards
Person ___________ if lacks capacity to consult with attorney with reasonable degree of rational understanding or lacks a rational and factual understanding of proceedings against her
incompetent
Incompetency may be result of _______ _________ or temporary/permanent mental disability
physical handicap
Prosecutor, defense, judge may raise issue of __________ to stand trial
competency
If found incompetent, proceedings are __________ until competent. Incompetency ruling usually results in commitment often beyond sentence
suspended
Most jurisdictions require __________ to provide prosecutor notice prior to trial of intention to raise insanity defense
defendant
Usually, when defendant pleads insanity, __________ may return verdict of guilty, not guilty by reason of insanity, or not guilty when defendant raises insanity defense.
factfinder
Not guilty by reason of insanity means prosecutor proved all elements of crime but accused was_______ at time of crime. Usually committed.
insane
Mental illness is_________ term
psychiatric
Person legally insane if, at time of act, she was laboring under such a defect of reason, from disease of mind, that
She did not know the nature & quality of the act that she was doing, or
If she did know it, she did not know that what she was doing was wrong (at time of doing act, did not know difference between right & wrong)
M’NAGHTEN TEST