State |
Insanity Defense Rules |
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Alabama |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Alaska |
The state uses a modified M'Naghten Rule. The burden of proof is on the defendant. A guilty but mentally ill verdict is allowed. |
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Arizona |
The state uses a modified M'Naghten Rule. The burden of proof is on the defendant. A guilty but insane verdict is allowed. |
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Arkansas |
The state uses a modified Model Penal Code rule. The burden of proof is on the defendant. |
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California |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Colorado |
The state uses a modified M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the state. |
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Connecticut |
The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant. |
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Delaware |
The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant. |
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District of Columbia |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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Florida |
The state uses the M'Naghten Test. The burden of proof is on the state. |
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Georgia |
The state uses a modified version of the M'Naghten Rule. The burden of proof is on the defendant. A guilty but mentally ill verdict is allowed. |
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Hawaii |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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Idaho |
The state has abolished the insanity defense. The state allows a guilty but insane verdict. |
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Illinois |
The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant. |
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Indiana |
The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant. |
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Iowa |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Kansas |
The state has abolished the insanity defense. |
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Kentucky |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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Louisiana |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Maine |
The state uses a modified version of the Model Penal Code rule. The burden of proof is on the defendant. |
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Maryland |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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Massachusetts |
The state uses the Model Penal Code rule. The burden of proof is on the state. |
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Michigan |
The state uses the Model Penal Code rule. The burden of proof is on the state. |
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Minnesota |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Mississippi |
The state uses the M'Naghten Rule. The burden of proof is on the state. An acquitted by reason of insanity verdict is allowed. |
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Missouri |
The state uses a modified version of the M'Naghten Rule. The burden of proof is on the defendant. |
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Montana |
The state has abolished the insanity defense, although a guilty but insane verdict is allowed. |
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Nebraska |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Nevada |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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New Hampshire |
The state uses the Durham standard. The burden of proof is on the defendant. |
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New Jersey |
The state uses the M'Naghten Rule. The burden of proof is on the state. |
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New Mexico |
The state uses the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the state. |
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New York |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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North Carolina |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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North Dakota |
The state uses the Model Penal Code rule. The burden of proof is on the state. |
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Ohio |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Oklahoma |
The state uses the M'Naghten Rule. The burden of proof is on the state. |
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Oregon |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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Pennsylvania |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Rhode Island |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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South Carolina |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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South Dakota |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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Tennessee |
The state uses the Model Penal Code rule. The burden of proof is on the state. |
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Texas |
The state uses the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the defendant. |
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Utah |
The state has abolished the insanity defense, but guilty but mentally ill verdicts are allowed. |
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Vermont |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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Virginia |
The state uses the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the defendant. |
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Washington |
The state uses the M'Naghten Rule. The burden of proof is on the defendant. |
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West Virginia |
The state uses the Model Penal Code rule. The burden of proof is on the state. |
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Wisconsin |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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Wyoming |
The state uses the Model Penal Code rule. The burden of proof is on the defendant. |
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