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Who Can Use the Insanity Defense? | Penana
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Who Can Use the Insanity Defense?
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Who Can Use the Insanity Defense?
Angela Ward
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Before consulting their lawyer, a defendant may decide to utilize the insanity defense plea to show that they were not responsible for their actions because of their mental illness during the time of the crime, and therefore, they should not be held accountable for the crime. 


The following situations satisfy the requirements to plead insanity.


  • Acute Delirium

Delirium is a sudden and severe disturbance in consciousness that can be due to an illness or medication. During delirium, a person may not understand what they are doing, where they are, or appropriately regulate their behavior.


  • Proven Seizures

Some seizures, such as those related to temporal lobe epilepsy, can affect awareness, which might lead to confusion or strange behavior. They may struggle to think clearly, recall events, or control their actions.


  • Postpartum Psychosis

This is an uncommon yet very serious condition that can affect new mothers. It may cause hallucinations, unusual beliefs, or severe confusion, making it hard for a new mother to know what is real or safe at the time.


  • Brain Tumor or Abscess

Having either a growth or an infection in the brain will affect one’s thinking, memory, and decision-making. This can lead to unexpected changes in behavior, where the person may do things they cannot stop themselves from doing.


  • Schizophrenia with Psychosis

This is a chronic mental illness in which people may experience hearing voices, have delirium, or suffer from a loss of reality. With these symptoms, it can be challenging to think clearly and distinguish between what is correct and incorrect, or to make a rational decision.


  • Moderate to Severe Dementia

As dementia progresses, thinking and remembering may become disorganized, which impacts decision-making and potentially allows for decisions that do not align with reality.


  • Medication-Induced Psychosis

Some medications can result in inducing hallucinations, paranoia, or confusion, thereby interfering with someone's ability to think coherently and process reality.


  • Manic Episodes with Psychosis

In the case of bipolar disorder, the extreme swings in energy and mood may be accompanied by psychotic symptoms, where someone could essentially find it difficult to stay in reality and control behavior.


  • Moderate to Severe Neurocognitive Disorders

These disorders, for example, traumatic brain injuries, can hurt memory, thinking, and self-control, which could make it difficult for an individual to understand their actions.


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