If you were designing the insanity defense, what would you make the standard? In other words, how should society determine when someone should be found legally insane (and therefore not “guilty” or culpable)?
A person to be termed legally insane he should be of unsound mind or mentally ill before and during the act of committing a crime ,
- there should be enough evidences that prove him to be of unsound mind and due to which he was unable to judge the consequences of the act he or she committed.
- there was no intent of committing such a crime or due to being mentally ill ,it was out of his mental capacity to know or have intention of performing illegal act.
Only if he is of unsound mind and lacks the intent into the crime and did not have judgement of the consequences that would occur due to his mental illness ,during or before the act of crime,such a person can be said legally insane and therefore not guilty.
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