Definition 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.
dEFinitIOn 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 d,ecAdeS 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 reqUI.red AT TriAl, tRiaL proCedureS, anD To CommiTmENT and release prOceduRes For DeFendaNTs who havE been AcqUItted BASEd on A FIndiNG Of inSanity.