Editing Murder (section)

====Insanity====
{{main|Insanity defense|M'Naghten rules}}
[[Mental Disorder (Insanity) Defense|Mental disorder]] may apply to a wide range of disorders including [[psychosis]] caused by [[schizophrenia]] and [[dementia]], and excuse the person from the need to undergo the stress of a trial as to liability. Usually, [[antisocial personality disorder|sociopathy]] and other [[personality disorders]] are not legally considered insanity. In some jurisdictions, following the pre-trial hearing to determine the extent of the disorder, the defense of "not guilty by reason of insanity" may be used to get a not guilty verdict.<ref>''M'Naughten's case'', [1843] All ER Rep 229.</ref> This defense has two elements:

* That the [[defendant]] had a serious mental illness, disease, or defect
* That the defendant's mental condition, at the time of the killing, rendered the perpetrator unable to determine right from wrong, or that what they were doing was wrong
[[File:CCTV 1 of Aaron Alexis in building 197.jpg|thumb|[[Aaron Alexis]] holding a shotgun during his rampage]]

Under [[New York (state)|New York]] law, for example:
{{blockquote|§ 40.15 Mental disease or defect. In any prosecution for an offense, it is an affirmative defence that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct was wrong.|[[N.Y. Penal Law]], § 40.15<ref>N.Y. Penal Law, § 40.15, found at [http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PEN40.15$$@TXPEN040.15+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=14676554+&TARGET=VIEW N.Y. Assembly web site], retrieved 2014-04-10.</ref>}}

Under the [[French Penal Code of 1791|French Penal Code]]:
{{blockquote |Article 122-1
* A person is not criminally liable who, when the act was committed, was suffering from a psychological or neuropsychological disorder which destroyed his discernment or his ability to control his actions.
* A person who, at the time he acted, was suffering from a psychological or neuropsychological disorder which reduced his discernment or impeded his ability to control his actions, remains punishable; however, the court shall take this into account when it decides the penalty and determines its regime. |source=Penal Code §122-1 found at [http://195.83.177.9/code/liste.phtml?lang=uk&c=33&r=3627 Legifrance web site]}}

Those who successfully argue a defense based on a mental disorder are usually referred to mandatory clinical treatment until they are certified safe to be released back into the community, rather than prison.<ref name="french civil law on mental health">{{cite web |url=http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072665&idArticle=LEGIARTI000006687933&dateTexte=20080929 |title=Code de la Santé Publique Chapitre III: Hospitalisation d'office Article L3213-1 |access-date=2007-10-23 |publisher=Legifrance |year=2002 |language=fr |url-status=live |archive-url=https://web.archive.org/web/20081021032011/http://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006072665&idArticle=LEGIARTI000006687933&dateTexte=20080929 |archive-date=2008-10-21 }}, note: this text refers to the procedure of [[involuntary commitment]] by the demand of the public authority, but the prefect systematically use that procedure whenever a man is discharged due to his dementia.</ref>