who determines whether a defendant was legally insane
forensic mental health professionals
title: Insanity defense text: psychiatrists/psychologists and legal professionals. In the United States, a psychiatrist, psychologist or other mental health professional is often consulted as an expert witness in insanity cases, but the ultimate "legal" judgment of the defendant's sanity is determined by a jury, not by a psychologist. In other words, psychologists provide testimony and professional opinion but are not ultimately responsible for answering legal questions. In Australia there are nine law units. All may have varying rules (see ). In South Australia, the Criminal Law Consolidation Act 1935 (SA) provides that: 269C—Mental competence A person is mentally incompetent to commit an offence if, title: Insanity defense text: was committed. In the United States, a trial in which the insanity defense is invoked typically involves the testimony of psychiatrists or psychologists who will, as expert witnesses, present opinions on the defendant's state of mind at the time of the offense. Therefore, a person whose mental disorder is not in dispute is determined to be sane if the court decides that despite a "mental illness" the defendant was responsible for the acts committed and will be treated in court as a normal defendant. If the person has a mental illness and it is determined that the mental illness interfered title: Insanity defense text: a crime as a result of mental illness. Each state and the federal court system currently uses one of the following "tests" to define insanity for purposes of the insanity defense. Over its decades of use the definition of insanity has been modified by statute, with changes to the availability of the insanity defense, what constitutes legal insanity whether the prosecutor or defendant has the burden of proof, the standard of proof required at trial, trial procedures, and to commitment and release procedures for defendants who have been acquitted based on a finding of insanity. The guidelines for the "M'Naghten title: Insanity text: submit their evaluations to the court. Since the question of sanity or insanity is a legal question and not a medical one, the judge and or jury will make the final decision regarding the defendant's status regarding an insanity defense. In most jurisdictions within the United States, if the insanity plea is accepted, the defendant is committed to a psychiatric institution for at least 60 days for further evaluation, and then reevaluated at least yearly after that. Insanity is generally no defense in a civil lawsuit. However, in civil cases, the insanity of the "plaintiff" can toll the statute of title: Insanity defense text: defendant to plead guilty but mentally ill. A defendant who is found guilty but mentally ill may be sentenced to mental health treatment, at the conclusion of which the defendant will serve the remainder of his or her sentence in the same manner as any other defendant. In a majority of states, the burden of proving insanity is placed on the defendant, who must prove insanity by a preponderance of the evidence. In a minority of states, the burden is placed on the prosecution, who must prove sanity beyond a reasonable doubt. In federal court, and in Arizona, the burden