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Is incompetence the same as an insanity defense?
Is incompetence the same as an insanity defense?
Being incompetent for trial differs from being incompetent ("insane") at the time of the offense.
Insanity is a defense to certain crimes that require proof of intent. For example, it could be
argued that one who is insane cannot commit first-degree murder because his or her mind is
incapable of premeditating and deliberating (planning the crime).
A few states have abolished the insanity defense but allow psychiatric evidence at trial on
the issue of intent. For example, a defendant in a drug case could not have formed the intent to
sell an illegal substance if he was delusional and believed that he was a doctor dispensing
medication.
Most states require formal notice of plans to raise the insanity defense. Such defendants enter a
plea of not guilty and proceed to trial. If convicted, such an individual may be found guilty, not
guilty by reason of insanity, or in a few states, guilty but mentally ill. Defendants found not guilty
by reason of insanity are placed in a mental health facility until their mental condition improves so
that they are no longer a threat to themselves or the community.
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