17.6 - D. Mental Disease Or Defect

• Jurisdiction: New York

D. Mental Disease or Defect

There are two essential issues to consider with the “insanity” defense:²⁵⁶⁸ The first is competency, or the ability of the defendant to stand trial and to understand the proceedings against him; the second is responsibility, or the mental state of the defendant at the time of the commission of the crime. Although there may be a certain interplay between the two, the issues are separate and should not be confused.

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^[2568] . See...