mental illness of such a severe nature that a person cannot distinguish fantasy
from reality, cannot conduct her/his affairs due to psychosis, or is subject to
uncontrollable impulsive behavior. Insanity is distinguished from low intelligence
or mental deficiency due to age or injury. If a complaint is made to law enforcement,
to the District Attorney or to medical personnel that a person is evidencing psychotic
behavior, he/she may be confined to a medical facility long enough (typically 72
hours) to be examined by psychiatrists who submit written reports to the local superior/county/district
court. A hearing is then held before a judge, with the person in question entitled
to legal representation, to determine if she/he should be placed in an institution
or special facility. The person ordered institutionalized at the hearing may request
a trial to determine sanity. Particularly since the original hearings are often
routine with the psychiatric findings accepted by the judge. In criminal cases,
a plea of "not guilty by reason of insanity" will require a trial on the issue of
the defendant's insanity (or sanity) at the time the crime was committed. In these
cases the defendant usually claims "temporary insanity" (crazy then, but okay now).
The traditional test of insanity in criminal cases is whether the accused knew "the
difference between right and wrong," following the "M'Naughten rule" from 19th century
England. Most states require more sophisticated tests based on psychiatric and/or
psychological testimony evaluated by a jury of laypersons or a judge without psychiatric
training. A claim by a criminal defendant of his/her insanity at the time of trial
requires a separate hearing to determine if a defendant is sufficiently sane to
understand the nature of a trial and participate in his/her own defense. If found
to be insane, the defendant will be ordered to a mental facility, and the trial
will be held only if sanity returns. Sex offenders may be found to be sane for all
purposes except the compulsive dangerous and/or antisocial behavior. They are usually
sentenced to special facilities for sex offenders, supposedly with counseling available.
However, there are often maximum terms related to the type of crime, so that parole
and release may occur with no proof of cure of the compulsive desire to commit sex
crimes.
See also insanity defense M'Naughten rule temporary insanity
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