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insanity defense |
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defense /de·fense/ (de-fens´) behavior directed to protection of the individual from injury. character defense any character trait, e.g., a mannerism, attitude, or affectation, which serves as a defense mechanism. insanity defense a legal concept that a person cannot be convicted of a crime if he lacked criminal responsibility by reason of insanity at the time of commission of the crime. insanity defense Forensic psychiatry A legal defense that a person cannot be convicted of a crime if he lacked criminal responsibility by reason of insanity–a term defined as a matter of law; the premise is that where there is no
mens rea because of insanity, there is no criminal responsibility. See American Law Institute Formulation, Durham Rule, Irresistible impulse test, Long Island Rail Road massacre, M'Naughton Rule. Cf 'Black rage' defense, Television intoxication, 'Twinkie' defense. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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This misleading fact, which has been utilized tendentiously to indicate that because of its rare use the insanity plea is not invalid, hides the tremendous involvement of psychiatry in the criminal justice system, from mitigated sentences to incompetence to stand trial. As trial after trial has shown, juries frown upon not only the `gay panic' defense but also insanity pleas in general. Socorro Caro - who cannot recall the incident - pleaded not guilty and not guilty by reason of insanity, but she withdrew her insanity plea shortly after she was convicted. |
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