While some states no longer allow defendants to raise the insanity defense as an excuse to a criminal charge, defendants in all jurisdictions may still claim that the presence of mental disease at the time of the crime left them unable to form the mens rea needed for criminal activity.
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The Durham Rule, also known as the product rule, holds that an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect. The American Law Institute's substantial capacity test, which is incorporated into the Model Penal Code, says that a person is not responsible for criminal conduct if at the time of such conduct, and as a result of mental disease or defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law...
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Ovid While some states no longer allow defendants to raise the insanity defense as an excuse to a criminal charge, defendants in all jurisdictions may still claim that the presence of mental disease at the time of the crime left them unable to form the mens rea needed for criminal activity...	2 / 297
The Insanity Defense Insanity, however, includes not only mental illness but also mental deficiencies. Due to this, there are problems in exactly how to apply a medical theory to a legal matter (Herman, 1983;128)...	14 / 3692
ATTACKS ON THE INSANITY DEFENSE The legal concepts of mental illness and insanity raise questions in a conflict between what are termed legalistic criminology and scientific criminology: mens rea, punishment v...	14 / 3663
Insanity Defense Insanity, however, includes not only mental illness but also mental deficiencies. Due to this, there are problems in exactly how to apply a medical theory to a legal matter (Herman, 1983;128)...	14 / 3691