18 U.S.C. § 17 — Insanity defense

submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 86 words · no verdicts yet

in plain englishAI-generated · not legal advice

A defendant can use insanity as a defense only if, because of a severe mental disease or defect, they could not understand their actions were wrong when they committed the crime. Having a mental disease alone is not a defense by itself. The defendant must prove insanity with clear and convincing evidence.

(a) Affirmative Defense — This section creates one specific defense to any federal criminal charge: insanity. It is an affirmative defense — meaning the defendant has to raise and prove it — if, at the time of the crime, the defendant had a severe mental disease or defect that made them unable to appreciate the nature and quality, or the wrongfulness, of what they were doing. Simply having a mental disease or defect, on its own, is not a defense. (b) Burden of Proof — The defendant is the one who has to prove this insanity defense. They must prove it with "clear and convincing evidence" — a high standard, more certain than just "more likely than not."

the actual law source: uscode.house.gov ↗public domain

(a)Affirmative Defense.—

It is an affirmative defense to a prosecution under any Federal statute that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense.

(b)Burden of Proof.—

The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

Source credit: (Added Pub. L. 98–473, title II, § 402(a), Oct. 12, 1984, 98 Stat. 2057, § 20; renumbered § 17, Pub. L. 99–646, § 34(a), Nov. 10, 1986, 100 Stat. 3599.)

history & why it existsrecord from the source credit

1984Enacted · Pub. L. 98-473 · 98 Stat. 2057
1986Amended · Pub. L. 99-646 · 100 Stat. 3599

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.

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