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insanity

Last modified: Thu Feb 23 16:37:37 2006

It is widely accepted that there is a level of mental derrangement beyond which one is not liable for criminal acts. It is also widely accepted that a person who is insane may not be fit to answer criminal charges, even if he was of sound mind when the offence was alleged to have been committed. These two claims of insanity will have to be supported in similar ways, and judged by similar standards, but they are legally different. Therefore see InsanityDefence and InsanityAndUnfitnessToPlead for further discussion of these variants.

In both cases, a defendent who claims insanity has the burden of proof, on balance of probablilities.

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