Question

Compare the legal definition of insanity with the psychological concept of mentally ill. How do these two terms differ? How does this distinction affect the validity of the insanity defense?

Answer 1

• ‘Insanity’ is actually a legal term to define those who are competent or incompetent to stand trial. Insanity is not a psychological term and, therefore, not a mental disorder.
• Insanity is a concept discussed in court to help distinguish guilt from innocence. It's informed by mental health professionals, but the term today is primarily legal, not psychological. There's no "insane" diagnosis listed in the DSM.
• Mental illness as "a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person's judgment, but not to the extent that he is unable to appreciate the wrongfulness of his behavior.Some classic example of mental illness are mental retardation or post-traumatic stress disorder, or even anti-social personality disorder.
• The key to remember about mental illness is that it IS NOT a legal defense like insanity is. If a person is found to be insane, they are NOT GUILTY of the offense. If a person is mentally ill they ARE GUILTY of the offense BUT will almost certainly receive a lesser punishment at sentencing.
• In states that allow the insanity defense, defendants must prove to the court that they did not understand what they were doing; failed to know right from wrong; acted on an uncontrollable impulse or some variety of these factors.
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