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Per Federal Rule of Criminal Procedure 12.2, a defendant intending to pursue an insanity defense must timely notify an attorney for the government in writing. The government then has a right to have the court order a psychiatric or psychological examination.
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Over its decades of use the definition of insanity has been modified by statute, with changes to the availability of the insanity defense, what constitutes legal insanity, whether the prosecutor or defendant has the burden of proof, the standard of proof required at trial, trial procedures, and to commitment and release procedures for ...
When the tests set out by the rules are satisfied, the accused may be adjudged "not guilty by reason of insanity" or "guilty but insane" and the sentence may be a mandatory or discretionary, but usually indeterminate, period of treatment in a secure hospital facility, or otherwise at the discretion of the court, depending on the country and the ...
The defense is to be contrasted with insanity which is a complete but affirmative defense. In most jurisdictions a defendant would be acquitted on the grounds of insanity if the defendant established to the satisfaction of the jury that he suffered from such a mental disease or defect that he was unable to appreciate the consequences of his ...
A Durham rule, product test, or product defect rule is a rule in a criminal case by which a jury may determine a defendant is not guilty by reason of insanity because a criminal act was the product of a mental disease. Examples in which such rules were articulated in common law include State v. Pike (1870) and Durham v
The Insanity Defense Reform Act of 1984 (IDRA) was signed into law by President Ronald Reagan on October 12, 1984, [1] amending the United States federal laws governing defendants with mental diseases or defects to make it significantly more difficult to obtain a verdict of not guilty only by reason of insanity.