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S.: A defendant may be found not guilty by reason of insanity if "at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong." (emphasis added) This test is also commonly referred to as the "right/wrong" test. A major 1991 eight-state study commissioned by the National Institute of Mental Health found that less than 1 percent of county court cases involved the insanity defense, and that of those, only around one in four was successful.Twenty-two jurisdictions use some variation of the Model Standard set out by the American Law Institute (A. Ninety percent of the insanity defendants had been diagnosed with a mental illness.About half of the cases had been indicted for violent crimes; fifteen percent were murder cases.• What happens in states where there is no insanity defense?
Critics, including the American Psychiatric Association, claim that the GBMI verdict takes away the hard choices that juries and judges are supposed to make: "While the 'guilty but mentally ill' category may seem to make juries' jobs easier, it compromises one of our criminal system's most important functions -- deciding, through its deliberations, how society defines responsibility.About half of the states follow the "M'Naughten" rule, based on the 1843 British case of Daniel M'Naughten, a deranged woodcutter who attempted to assassinate the prime minister. Three states -- Montana, Idaho, and Utah -- do not allow the insanity defense at all. Virtually all studies conclude that the insanity defense is raised in less than 1 percent of felony cases, and is successful in only a fraction of those.He was acquitted, and the resulting standard is still used in 26 states in the U. : See this chart showing the standards used by each jurisdiction. The vast majority of those that are successful are the result of a plea agreement in which the prosecution and the defense agree to a not guilty by reason of insanity (NGRI) plea.This does not eliminate the insanity defense; it is merely an alternative for defendants who are found to be mentally ill, but whose illness is not severe enough to relieve him of criminal responsibility.A defendant who receives a GBMI verdict is sentenced in the same way as if he were found guilty.