What is the M’Naghten Rule – the Basis of Insanity Defenses?

The M’Naghten Rule is the basis of insanity defenses in the United Kingdom and the United States. It was established by the British House of Lords in the mid-19th Century. The rule is a test of whether the person accused of a crime was sane when the act was committed and criminally responsible for what […]

What has to be Proved to Use Arizona’s Insanity Defense?

Arizona’s insanity defense is not used often and it can be difficult to sustain. The defense is also known as guilty except insane (GEI). The defendant must show clear and convincing evidence that he or she was suffering from a serious mental defect that meant the defendant could not acknowledge the wrongfulness of the crime. […]

Can a Lawyer Insist on an Insanity Defense Against a Client’s Wishes?

The question of whether a lawyer can insist on an insanity defense against a client’s wishes was recently examined in a case heard before the U.S. Circuit Court of Appeals. Earlier this year, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled a lawyer cannot insist on an insanity defense against a […]

Appeals Court Rules Arizona Man Had a Right to Reject an Insanity Plea

When a man who said he was haunted by demons repeatedly stabbed his cellmate in Arizona, an insanity defense probably seemed like the natural way to proceed. However, in a recent ruling, a three-judge panel of the 9th U.S. Circuit Court of Appeals ruled the defendant’s attorney violated his Sixth Amendment rights by entering the […]

Why Arizona’s Insanity Defense is One of the Toughest to Prove in the Nation

Arizona’s insanity defense is one of the toughest to prove in the United States. The harshness of the defense provoked legal challenges in past years. Opponents claimed it failed to meet basic standards of fairness. The obstacles associated with the defense were challenged in 2006 in the case of Clark v. Arizona. The case reached […]

How Often is the Insanity Defense Used?

The insanity defense has been used in some high profile cases. However, it is used sparingly in Arizona and elsewhere in the United States. According to a PBS report, the insanity defense is used in just 1 percent of felony cases and it is successful in less than a quarter of the cases it is […]

New AZ Supreme Court Ruling On Insanity Defense

A new Supreme Court Ruling was decided earlier this month that says a defendant pleading insanity and voluntarily undergoing a mental health exam must provide the results to the prosecutor of the case. The ruling also states that the defendant with a mental health defense must include a statement about their impending charges. The prosecutors […]

What Goes into a Mental Health Defense?

A mental health defense, or the insanity defense, is not a get out of jail free card. A lot goes in to a defense to prove insanity and in the end the sentences are not a walk in the park. Many times a defendant is found guilty but get a less serious sentence due to […]