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Insanity defense

according to Malo, Barach, and Levin (1994), that the controversy enters into this discussion. Of special concern in California and elsewhere is the distinction between temporary and permanent insanity. Under the California Penal Code, Section 25(b), a two-prong test for sanity has been established. The first prong requires that a defendant must understand the nature and quality of his act. The second prong requires the defendant to distinguish between right and wrong. A defendant who cannot satisfy both of these prongs is considered in California to be statutorily insane.

According to Malo, et al (1994, p. 2),

In law, the term "insanity" is used to denote that degree of mental illness which negates the individual's legal responsibility or capacity. In California, if the test of legal insanity is satisfied, temporary insanity is as good a defense as permanent insanity. Although the insanity must be of a "settled nature," (in other words, it must be fixed and stable for a reasonable duration,) it need not be permanent

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Insanity defense. (1969, December 31). In LotsofEssays.com. Retrieved 01:55, May 21, 2024, from https://www.lotsofessays.com/viewpaper/1696366.html