In the United States, the insanity defense is a legal defense that can be used in criminal cases to argue that a defendant should not be held responsible for their actions because they were not in control of their faculties at the time of the crime. In order to be successful, the insanity defense must be proven by a preponderance of the evidence. This means that the defendant must show that it is more likely than not that they were insane at the time of the crime.
The insanity defense is a controversial issue, and there is no consensus on whether or not it should be allowed. Some people believe that the insanity defense allows dangerous criminals to escape punishment, while others believe that it is necessary to protect people who are not responsible for their actions from being punished.
The insanity defense is rarely successful, and it is only used in a small percentage of criminal cases. In 2012, the insanity defense was used in only 0.2% of federal criminal cases and 0.1% of state criminal cases.
Here are some of the factors that can be considered in determining whether or not a person is clinically insane:
* The person's mental state at the time of the crime. This includes factors such as whether the person was experiencing delusions, hallucinations, or other symptoms of mental illness.
* The person's ability to distinguish between right and wrong. This can be assessed by asking the person questions about their understanding of the law and their actions.
* The person's ability to understand the nature and consequences of their actions. This can be assessed by asking the person questions about what they did, why they did it, and what they thought would happen as a result of their actions.
If a person is found to be clinically insane, they may be sent to a mental hospital for treatment. They may also be released on probation or parole, with conditions that require them to continue treatment.