Insanity Defense

Insanity Defense

Introduction

In US law, the competency and insanity defense are the most controversial criminal defense strategies. There is a difference between these two legal terms. The paper describes both of them and their differences.

Discussion

Competence to Stand Trial

In US laws, competence means the mental capacity of a person to participate in any legal proceeding. A person that does not have "competence" is excluded from prosecutions; and witnesses who do not have competence are not allowed to testify. In US law, if the court realizes that the person's mental condition is such, that he becomes unable to realize the proceedings, or ...