The Illustrated Guide to Criminal Law
Chapter 11: Excuse Me!
Excuse pg 16: Insanity is a defense against criminal punishment, not civil commitment.
So if Insanity is proven, the defendant cannot be found guilty.
That doesn’t mean he simply goes free, though.
Empty corridor of a mental institution
He might have to be committed to a mental institution until he’s no longer a danger to himself or others.
But that’s an act of civil law, not criminal law.
Who has to prove it? In most states and in federal court, Insanity must be proved by the defendant.
And what’s relevant is the defendant’s mental state at the time of the offense. (Whether he’s mentally competent to stand trial now, or to be punished later, are separate issues.)
What if the defendent had tried to “Fus Ro Dah!” Tina? =D.
He’d have a defense of impossibility.
Sad truth is that a lot of these institutions aren’t much better then a prison system. Even today.