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
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