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17(b) Under 18 U.S.C. 17(b), the burden has been shifted to the defendant to prove the defense of insanity by clear and convincing evidence.
The sanity hearing usually takes place before a jurybut not always. A judge may remove the issue of insanity from the jury if s/he feels that the defendant has failed to present sufficient evidence that they were insane when they committed the crime.
There are several tests for insanity throughout various U.S. jurisdictions: (1) the MNaghten rules, the irresistible impulse test, the New Hampshire or Durham test (the product test), and the test recommended by the American Law Institutes Model Penal Code.
Establishing Insanity Currently, states rely on four different tests to determine whether a defendant is legally insane. The laws of your state will establish which of these four tests applies.
The insanity defense refers to a defense that a defendant can plead in a criminal trial. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. The insanity defense is classified as an excuse defense, rather than a justification defense.

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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.
Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.
The MNaghten test seeks to determine whether the accused person knew the nature of the crime he or she is alleged to have committed, or understood right from wrong at the time it was committed. This is the most widely used test for criminal insanity in the United States.
Establishing Insanity Under the MNaghten Rule test, the criminal defendant must either not understand what he or she did, or be unable to distinguish right from wrong. This test relies on the notion that defendants may be diseased such that they are incapable of understanding their own actions.
Establishing Insanity Under the MNaghten Rule test, the criminal defendant must either not understand what he or she did, or be unable to distinguish right from wrong. This test relies on the notion that defendants may be diseased such that they are incapable of understanding their own actions.

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