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What happens when someone is not guilty by insanity?

If you can convince the jury at your California criminal jury trial that you are not guilty by reason of insanity, then you will be committed to a state mental hospital instead of being sent to prison.

What are the four types of insanity defenses?

The four versions of the insanity defense are MNaghten, irresistible impulse, substantial capacity, and Durham. The two elements of the MNaghten insanity defense are the following: The defendant must be suffering from a mental defect or disease at the time of the crime.

What are the 4 categories of defense?

When it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys employ: innocence, constitutional violations, self-defense, and insanity.

What does it mean to be guilty but mentally ill?

The guilty but mentally ill (GBMI) verdict is premised on the notion that when a defendant raises a claim of insanity, the jury should be permitted to return a verdict that falls between the total inculpation of a guilty verdict and the complete exoneration of a not guilty by reason of insanity verdict.

What are the three tests for insanity?

There are several legal tests used by State courts to determine whether someone was insane at the time of the incident. These insanity defenses include the MNaghten Rule; the Irresistible Impulse Test; the Durham Rule; and the Model Penal Code test.

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