Conclusion
In those states allowing a "settled insanity" defense, the expert witness must first determine whether any symptoms of a mental disorder were present at the time of the offense, and if there were, determine if those symptoms were the result of a lasting impairment rather than caused by intoxication no matter how acute. If it can be shown that any existing the mental disorder is lasting or relatively enduring, then the expert must be able to show how the mental illness interfered with the defendant's ability to know the nature and consequences of his/her behavior and know that his/her behavior was wrong, or if it impaired his/her ability to control his/her behavior.
Aggressiveness, memory lapses and other common symptoms resulting from acute intoxication are not sufficient in themselves to excuse criminal acts. Further, not all psychotic reactions caused by substance abuse result in behavior that can be related to the criminal act in a way that can support an insanity defense. The presence of psychosis does not mean that the criminal act was caused by the psychosis. A relationship must be shown to exist between the psychosis and the behavior of the defendant.
Read more about this topic: Settled Insanity
Famous quotes containing the word conclusion:
“The chess pieces are the block alphabet which shapes thoughts; and these thoughts, although making a visual design on the chess-board, express their beauty abstractly, like a poem.... I have come to the personal conclusion that while all artists are not chess players, all chess players are artists.”
—Marcel Duchamp (1887–1968)
“It is a great many years since at the outset of my career I had to think seriously what life had to offer that was worth having. I came to the conclusion that the chief good for me was freedom to learn, think, and say what I pleased, when I pleased. I have acted on that conviction... and though strongly, and perhaps wisely, warned that I should probably come to grief, I am entirely satisfied with the results of the line of action I have adopted.”
—Thomas Henry Huxley (1825–95)
“I’ve heard the wolves scuffle, and said: So this
Is man; so what better conclusion is there
The day will not follow night, and the heart
Of man has a little dignity, but less patience
Than a wolf’s....”
—Allen Tate (1899–1979)