Also known as:insane · insanities · insanity defense · NGRI
Written by attorneys · grounded in primary & secondary sources — see below
A legal standard of mental incapacity that excuses a person from criminal or civil responsibility when a severe mental disorder prevents appreciation of wrongfulness or conformity of conduct to law.
Sources & Authorities
How it applies
Common Examples
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Adult Actor Held to Objective Standard
Igor Ito, an adult with a documented psychotic disorder, bypassed a mandatory safety test at his manufacturing plant to meet a deadline. The vessel ruptured and injured a neighboring business. Igor is liable for negligence because his mental condition supplies no defense under the governing standard of care.
Silence After Warnings Not Used Against Defense
Ingrid Innes remained silent after receiving Miranda warnings during questioning about sabotage charges. At trial she raised an insanity defense. The prosecutor may not argue that her post-warning silence demonstrates she appreciated the wrongfulness of her conduct.
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Dictionaries
Ibrahim Iqbal filed a written notice of an insanity defense only after discovery closed and after receiving an unfavorable plea offer. The court may preclude the defense because the notice was untimely and no good cause for late filing appears.
Insane Plaintiff Not Held to Reasonable Standard
Iain Irons, an adult with documented mental illness, walked into traffic without looking and was struck by a vehicle. His contributory negligence claim does not fail on that ground because, as an insane person, the standard for his own protection is not that of a reasonable person under like circumstances.
Burden on Defendant to Prove Insanity
Imran Iyer killed a coworker and asserted insanity at trial. The prosecution proved every element of murder beyond a reasonable doubt. Imran bears the burden of proving by a preponderance that his mental disease or defect excused responsibility.
Davis v. United States160 U.S. 469, 16 S.Ct. 353, 40 L.Ed. 499 (1895)
Diminished Capacity Evidence Considered
Irene Ingalls stabbed a colleague while suffering from borderline mental deficiency and psychopathic tendencies. She conceded the evidence did not establish full insanity. The jury may still consider that evidence when deciding whether she acted with the deliberation required for first-degree murder.
Fisher v. United States328 U.S. 463 (1946)
Common questions
Frequently Asked
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Does insanity relieve an adult from negligence liability?+
No. Unless the actor is a child, insanity or other mental deficiency does not relieve the actor from liability for conduct that fails to conform to the standard of a reasonable person under like circumstances.
May the prosecution use post-Miranda silence to rebut an insanity defense?+
No. Once Miranda warnings are given, the implicit assurance that silence carries no penalty forbids the prosecution from using the defendant's post-warning silence as evidence to rebut or counter an insanity defense.
What happens if a defendant fails to give timely notice of an insanity defense?+
The defendant cannot rely on the insanity defense. Written notice must be filed within the time for pretrial motions or at a later time set by the court. Failure to comply bars the defense absent a showing of good cause for late filing.
What standard governs an insane person's duty to protect himself from harm?+
Unless the actor is a child or an insane person, the standard of conduct to which he must conform for his own protection is that of a reasonable person under like circumstances.
Who bears the burden of proving insanity?+
The defendant bears the burden of proving the affirmative defense of insanity. The prosecution retains the burden of proving every element of the offense beyond a reasonable doubt.
541 U.S. 36 (2004)Evidence
…Eriswell was not a criminal case at all, but a Crown suit against the inhabitants of a town to charge them with care of an insane pauper. Id. , at 707-708, 100 Eng. Rep., at 815-816. It is relevant only because the judges discuss the Marian statutes in dicta. One of them, Buller, J., defended admission of the…