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The word "insane" is used in different ways. When you say, "That's insane," people often take it to mean that something is a bad idea. For instance, "I want to go skydiving and jump out of plane for my birthday." Your friend who doesn't enjoy extreme sports might react by saying, "That's insane!" But what about the use of the word "insane" in a legal sense? You might see people talk about an "insanity defense" in crime dramas on TV. How does the word "insanity" work there?

In criminal law, the definition of "insane" can be more technical. It involves applying certain legal tests. And there is more than one test. Different regions could apply different tests. It is not something universal throughout the world. The basic starting point in most places is that there is a presumption of sanity. That means the criminal defendant is considered sane unless they can prove otherwise.

How does the criminal defendant show insanity? They are examained by a mental health professional, such as a psychiatrist or psychologist. Under one such test, the doctor must show the person had a mental disease where they did not understand the nature or quality of the act, and that they did not realize the act was wrong. Put more simply, the person didn't know right from wrong. There is also an "irresistable impulse," among other tests.

This can be a controversial area of criminal law. There are critics who feel the insanity defense should be done away with. However, for all its debate, the insanity defense is raised in less than one percent of felony cases in the United States.

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Avukat Timur Akpinar

(718) 224-9824

www.benimavukatim.com

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