In some criminal cases in Oregon, people who are alleged to have committed crimes may have been physically or mentally unable to stop themselves from carrying out the act. In these cases, people may wonder if the insanity defense is possible.
Jurisdictions across the United States have adopted different standards in order to determine whether or not someone can use the justification of legal insanity in order to avoid the consequences for criminal behavior. Depending on where a person is charged, one of four tests may apply. The first test, called the "M'Naghten Rule," asks whether or not a person's "disease of the mind" caused the person to be unable to understand what the person was doing or to understand the difference between right and wrong.
Another test, known as the "irresistible impulse test," may come up when a person's mental illness resulted in that person's inability to control impulses. The third rule, called the "Durham rule," asks whether or not a person's mental defect resulted in a criminal act.
Finally, the Model Penal Code test looks at whether or not a defendant failed to understand that the person's actions were criminal. In this case, the court looks to whether or not the person was unable to act within the confines of the law.
The insanity defense is just one of many possible options for those facing criminal charges in Oregon. When people with mental illness face criminal charges or even criminal allegations, a complete criminal defense strategy should be evaluated.
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