Explain the difference between mental illness and legal insanity. Explain three of the tests or rules that are used to determine legal insanity. Explain the difference between being found not guilty by reason of insanity (NGRI) and being found guilty but

Question

mentally ill (GBMI).

What will be an ideal response?

Answer 1

Answers should compare and contrast legal insanity, which is a concept used by the judicial system when determining guilt or innocence, with the medical concept of mental illness. Tests that may be discussed in this essay include the M'Naghten Rule, the Irresistible Impulse Test, the Durham Rule, the Substantial-Capacity Test, and the Brawner Rule, as well as the federal definition of insanity (which is similar to that used in M'Naghten). Answers should also compare NGRI and GBMI. NGRI is a finding of not guilty, so that the defendant is acquitted of the criminal charge, although he or she may not necessarily be released; the judge may order the defendant to undergo psychiatric treatment. A finding of GBMI holds the defendant responsible for the crime; the defendant is convicted of the crime and may receive any sentence possible under the law, although usually the sentence will include mandatory psychiatric treatment.