Source To some, the expression “not guilty by reason of insanity” evokes ideas of a Get Out of Jail Free card. Many Americans perceive the insanity defense as a way to commit crimes and evade any punishment. However, a finding of not guilty by reason of insanity can yield a punishment even greater than a guilty verdict. Researchers have described those found not guilty by reason of insanity as “cursed twice as mad and bad,” as they must grapple with both the stigma of mental illness and the societal vitriol directed towards criminals. The pitfalls of the not guilty by reason of insanity verdict, though severe, are not given sufficient scrutiny. With the exception of strict liability crimes, for a finding of guilt, the American criminal system requires both an unlawful act, actus reus, and unlawful intent, mens rea. The insanity defense is rooted in the [read more]