法律英语：35 Insanity Defense

by Michael W. Flynn

 
First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.   
 
Today I will discuss an aspect of the defense³ of insanity⁴ to a crime. Tracy from East Melbourne, Australia wrote:
 
Hi, Legal Lad. I'm confused about the insanity defense. If it's obvious that a person committed a crime (say, murder), but is also obviously mentally incapable⁵ of understanding his/her actions, why isn't that person GUILTY by reason of insanity? Why is it always NOT GUILTY by reason of insanity?
 
This question really jumped off the page for me because it does seem odd on a practical level that someone who kills another human being could be “not guilty” simply because he is nuts.
 
Almost all crimes require both an actus reus, and a mens rea. Actus reus refers to the criminal act, while mens rea refers to the “guilty mind.” In common law countries such as the United States, the United Kingdom, and Australia, the test of criminal liability is usually expressed in the Latin phrase, “actus non facit reum nisi mens sit rea,” which means that “the act does not make a person guilty unless the mind is also guilty.”
 
In the context of murder, the government must first prove the actus reus. That is, the government must prove, beyond a reasonable doubt, that the defendant⁶ actually killed somebody.
 
The government must also prove that the defendant intended mentally to commit the illegal act. There are varying degrees of intent for homicide that result in varying charges and punishment. For example, consider the defendant who creates an elaborate plot to murder his wife with arsenic⁷ over the course of several months. Now consider the defendant who, while working on a construction site, accidentally drops a hammer that falls 40 stories, killing⁸ his wife who happens to be passing underneath⁹. In both situations, there is a dead wife. The actus reus is the same because both men caused the death of their wives. But, the law treats the two defendants¹⁰ differently because the men had different mental states. One maliciously¹² intended to kill his wife and planned for it months in advance. The other had no such previous malicious¹¹ intent. So, the devious¹³ poisoner might be convicted of first degree murder, while the clumsy construction worker might be convicted of involuntary manslaughter, which carries a much lighter¹⁴ sentence.
 
With regard to insanity, the insanity defense effectively negates¹⁵ the mens rea of the murder. If a person is incapable of understanding the consequences of his actions, the government cannot prove that he intended for the death to occur. In order to obtain a conviction, the government must prove all elements of its case beyond a reasonable doubt, including the requisite¹⁶ mens rea. If the government fails to prove all its elements, then the defendant is “not guilty.”
 
But please understand that, when a defendant is found “Not guilty by reason of insanity,” the defendant is not free to go. The defendant will be confined to a mental health facility. Also, the insanity defense rarely works in the United States because it is so difficult to prove that a person could not understand the consequences of his actions.
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁷ Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com and please take the listener survey by clicking the green “5” to the right of the transcript¹⁸.
 
You can send questions and comments to。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

4 insanity   

n.疯狂，精神错乱；极端的愚蠢，荒唐

参考例句：

• In his defense he alleged temporary insanity.他伪称一时精神错乱，为自己辩解。
• He remained in his cell,and this visit only increased the belief in his insanity.他依旧还是住在他的地牢里，这次视察只是更加使人相信他是个疯子了。

5 incapable   

adj.无能力的，不能做某事的

参考例句：

• He would be incapable of committing such a cruel deed.他不会做出这么残忍的事。
• Computers are incapable of creative thought.计算机不会创造性地思维。

6 defendant   

n.被告；adj.处于被告地位的

参考例句：

• The judge rejected a bribe from the defendant's family.法官拒收被告家属的贿赂。
• The defendant was borne down by the weight of evidence.有力的证据使被告认输了。

7 arsenic   

n.砒霜，砷；adj.砷的

参考例句：

• His wife poisoned him with arsenic.他的妻子用砒霜把他毒死了。
• Arsenic is a poison.砒霜是毒药。

8 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

9 underneath   

adj.在...下面，在...底下；adv.在下面

参考例句：

• Working underneath the car is always a messy job.在汽车底下工作是件脏活。
• She wore a coat with a dress underneath.她穿着一件大衣，里面套着一条连衣裙。

10 defendants   

被告( defendant的名词复数 )

参考例句：

• The courts heard that the six defendants had been coerced into making a confession. 法官审判时发现6位被告人曾被迫承认罪行。
• As in courts, the defendants are represented by legal counsel. 与法院相同，被告有辩护律师作为代表。 来自英汉非文学 - 政府文件

11 malicious   

adj.有恶意的，心怀恶意的

参考例句：

• You ought to kick back at such malicious slander. 你应当反击这种恶毒的污蔑。
• Their talk was slightly malicious.他们的谈话有点儿心怀不轨。

12 maliciously   

adv.有敌意地

参考例句：

• He was charged with maliciously inflicting grievous bodily harm. 他被控蓄意严重伤害他人身体。 来自《简明英汉词典》
• His enemies maliciously conspired to ruin him. 他的敌人恶毒地密谋搞垮他。 来自《现代汉英综合大词典》

13 devious   

adj.不坦率的，狡猾的；迂回的，曲折的

参考例句：

• Susan is a devious person and we can't depend on her.苏姗是个狡猾的人，我们不能依赖她。
• He is a man who achieves success by devious means.他这个人通过不正当手段获取成功。

14 lighter   

n.打火机，点火器；驳船；v.用驳船运送；light的比较级

参考例句：

• The portrait was touched up so as to make it lighter.这张画经过润色，色调明朗了一些。
• The lighter works off the car battery.引燃器利用汽车蓄电池打火。

15 negates   

v.取消( negate的第三人称单数 )；使无效；否定；否认

参考例句：

• Alcohol negates the effects of the drug. 酒精能使药物失效。
• The lack of deep hardening in these alloys negates their use. 这些合金缺乏深层硬化能力使它们无法利用。 来自辞典例句

16 requisite   

adj.需要的，必不可少的；n.必需品

参考例句：

• He hasn't got the requisite qualifications for the job.他不具备这工作所需的资格。
• Food and air are requisite for life.食物和空气是生命的必需品。

17 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

18 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。