Dictionary of Legal Terms

Criminal Insanity

An affirmative defense to a crime. To establish this defense under Ohio practice, it must be shown that the defendant, because of a severe mental illness or defect, did not know what he or she was doing was wrong. Persons found not guilty by reason of insanity are committed to mental institutions for treatment, and released when their sanity is restored. See affirmative defense, competence to stand trial, crime, mens rea.

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This dictionary was developed by the Ohio State Bar Association with funding from the Ohio State Bar Foundation. The information contained in this dictionary is general and should not be applied to specific legal problems without first consulting your own attorney.

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(800) 282-6556 or (614) 487-2050
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© 2007 Ohio State Bar Association. All rights reserved. Used with permission.

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