Law and Society IMPORTANT
Not Guilty By Reason of Insanity
If unstable at time of the CRIME
IF UNSTABLE AT TIME OF TRIAL...
criminally committed until they can stand trial by actively defending oneself.
if not able to tell the difference between right and wrong at time of crime, NOT GUILTY.
Irresistible Impulse Test
If out of passion, NOT GUILTY.
product of mental disorder, NOT GUILTY.
American Law Institute Test
Irresistable impulse (passion) and M'Naughten, not able to tell diff. NOT GUILTY.
Guilty but Mentally Ill
Defendants are found mentally ill at time of crime but not fully related to illness.
Guilty w/ Diminished Capacity
Defendant's mental dysfunction is viewed as an extenuating circumstance that should be considered.
We have power to INVOLUNTARILY commit a person
Clinicians can determine if person needs immediate, but temporary commitment. Can only stay for 3 days.