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This chapter provides an overview of the insanity defense or defense of legal responsibility for criminal behavior. This chapter covers the history of the defense and the standards set by landmark court decisions. Some mental illnesses and disabilities can also be used to mitigate legal responsibility for those ineligible for the insanity defense. Other topics covered include mental health practitioners’ roles in assessing legal responsibility for the prosecution and defense. The chapter will also address and clarify common misconceptions about the insanity defense. The chapter concludes with considerations and recommendations from experts in the field for legal practitioners to work more effectively with their clients and better collaborate with professionals in the mental health system.

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Legal Responsibility and the Insanity Defense—Legal Standards and Implications for Defendants with Mental Illnesses and Neurodevelopmental Disabilities

  • 章节

  • 发表日期：

    2025年

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  • Melanie Clark Mogavero

摘要

This chapter provides an overview of the insanity defense or defense of legal responsibility for criminal behavior. This chapter covers the history of the defense and the standards set by landmark court decisions. Some mental illnesses and disabilities can also be used to mitigate legal responsibility for those ineligible for the insanity defense. Other topics covered include mental health practitioners’ roles in assessing legal responsibility for the prosecution and defense. The chapter will also address and clarify common misconceptions about the insanity defense. The chapter concludes with considerations and recommendations from experts in the field for legal practitioners to work more effectively with their clients and better collaborate with professionals in the mental health system.