{"id":352321,"date":"2023-11-28T16:00:45","date_gmt":"2023-11-28T21:00:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/the-insanity-defense-among-the-states.html"},"modified":"2023-11-28T16:00:45","modified_gmt":"2023-11-28T21:00:45","slug":"the-insanity-defense-among-the-states","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/the-insanity-defense-among-the-states.html","title":{"rendered":"The Insanity Defense Among the States"},"content":{"rendered":"\n
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The Insanity Defense Among the States<\/h1>\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

When a criminal defendant can prove they lacked the mental capacity to commit a given crime, they may be found not guilty because of insanity. In these cases, the defendant may receive mental health treatment in an institution and be prevented from leaving if they’re considered a danger to society.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Four states (Kansas, Montana, Idaho, and Utah) explicitly don’t allow for the insanity defense<\/a>. In other states, the requirements of the law for proving this defense vary widely. States that allow for the insanity defense use one (or a combination) of the following legal standards:
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