How Can I Plead Insanity?

Q: How Can I Plead Insanity?

A: The legal definition of “insanity” is very different than the clinical definition of insanity. In order for the legal definition of insanity to apply you have to prove that you did not know the difference between right and wrong, a very high standard, and that that was caused by a provable mental disease or defect.

It has taken away from the “diminished capacity defense” which was made famous by the “Twinkie Defense:” “I ate too many Twinkies, my blood sugar went up, I couldn’t control myself.” Very different than the legal insanity defense today which has been really tightened up and is rare.

Insanity Defense: The defendant, due to severe mental disease or defect, was unable to understand the difference between right and wrong.