Which US states do not have insanity defense?
From what I have learned, the four states that do not allow for insanity defense are Kansas, Montana, Idaho and Utah. ?
Does anyone in here know what is their rule with regard to insane offenders?
- rickinnocalLv 71 decade agoFavorite Answer
The case of Arizona v. Brown was the one in which the US Supreme Court held that there was no Constitutional right to be able to use an insanity defense.
That Brown, who was 16, was insane as defined by the traditional "M'Naghton Rules" was not disputed. There is no question that when he shot and killed Officer Moritz he truly and honestly believed that he was killing an alien invader from outer space. (Apart from anything else, he had been a patient in a secure psychiatric facility, convinced that the earth was being invaded by aliens, until his medical insurance ran out and he was discharged.)
Under Arizona law, however, that you lacked the mental capacity to know that what you were doing is wrong was not a defense to a murder charge, and the Supreme Court ruled that Arizona had no Constitutional duty to accept it as a defense.
- tonalc2Lv 71 decade ago
The defense doesn't necessarily mean the defendant is insane, but had some sort of diminished capacity at the time of the crime.
If someone is really insane, s/he would probably be found incompetent to stand trial, and would be committed.