A. Insanity Defense
Jurisdiction | New York |
A. Insanity Defense
The insanity defense is contained in Penal Law § 40.15. The basis of the defense is that, as a result of mental disease or defect, the defendant lacked substantial capacity to know or appreciate either the nature and consequences of his or her conduct or that such conduct was wrong.
When pleading insanity as an affirmative defense, the defense has the burden of proof by a preponderance of the evidence. Even if it is not offered as a complete affirmative defense, the defense can...
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- I. Introduction
- II. Incapacity To Stand Trial
- A. History and Background
- B. The Standard
- C. Who Can Raise the Issue of Competency?
- 1. The Court’s Obligation
- 2. The Defense Attorney’s Obligation
- D. When Can the Issue of Competency Be Raised?
- E. Burden of Proof
- F. Competency Examination
- G. Hearing
- H. Finding of Incapacity
- 1. Temporary Order of Observation
- 2. Final Order of Observation
- I. Orders of Commitment
- J. Dismissal of Indictment
- K. Notice Requirements
- III. Not Guilty By Reason of Mental Disease or Defect
- A. Insanity Defense
- B. Presenting an Insanity Defense
- C. Disposition of Persons Found Not Guilty by Reason of Mental Disease or Defect
- IV. Sentencing
- V. Mentally Ill Inmates And Prisoners
- VII. Death Penalty
- VIII. Sex Offenders
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