"[2.] The substantive rule is that a defendant is not criminally responsible if
(a) he or she "suffer[ed] from a mental disease or defect at the time of the alleged offense" (with no further definition of the terms, at least as part of the standard instruction) and
(b) either
(i) the defendant lacked "the substantial capacity to appreciate the wrongfulness or criminality of their conduct" or
(ii) the defendant lacked "the substantial capacity … to conform their conduct to the requirements of the law.""
Framing: mixed ·
First seen: 2026-09-05 ·
Last seen: 2026-09-05 ·
Spread: 1 articles