Insanity Plea The insanity defense is based on the theory that most people can choose to follow the law: but a few select people cannot be held accountable, because mental disease or disability deprives them of the ability to make a rational voluntary choice. Whereby, they need special treatment as opposed to prison, and punishment is not likely to help. The insanity defense is not really used to be found innocent, but more to mitigate a sentence. This type of defense can be dated as far back as ancient Rome. The Insanity defense is a defense of excuse, allowing the defendant to argue they should not be held criminally liable for breaking the law, because they were legally insane at the time the crime was alleged to have been committed. The term insane has a legal definition that is different than the medical term for mental illness. The Insanity defense is built on examination by forensic doctors that either prove or disprove the defendant was inc......

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