criminal law

Running head : CRIMINAL LAW

Criminal Law

Author

Institution

Professor

Subject

Criminal Law

At present , the definition of insanity in the legal system can vary by State . However , in general , States similarly recognize that the criminal defense of insanity basically suggests that at the time of the commission of the acts that constituted the offense , the defendant , as a consequence of his or her severe mental defect or disease was unable to realize the wrongfulness or the quality and nature of his or her acts

Accordingly , if an

individual is considered insane he or she is deemed not guilty for his or her criminal conduct . This is based on the legal rule that willful intent is an indispensable element of most offenses and an individual who is insane is incapable of forming such degree of intent . Even so , clear and convincing evidence must necessarily be provided by the defendant so that the defense of insanity will be appreciated by the court

At present , mental-health courts are specially established all over the United States to concentrate on the multifaceted issues affecting persons with persistent and serious mental disability or mental illness who enter the criminal justice system . As such , these courts earnestly deal with misdemeanant cases involving defendants alleging to be mentally ill . At present , it is estimated that there are more than 110 mental health courts in the country (National Center for State Courts 2009

In view of the establishment of mental-health courts , the insanity defense is now exclusively available in...