The defense of insanity in criminal cases â Part I
âWhenever a person is charged with a crime and in order to obtain a conviction, the prosecutor must prove that a crime was committed and the defendant committed the crime.
Over time, the law has come to recognize certain defenses to criminal charges. Among these is the defense of insanity.
This concept traces its roots back to Ancient Greece and Rome.
The first recorded recognition of the insanity plea or defense was in 1581 by an English Judge, Justice Tracy, when he held that if the defendant understood the crime no better than an infant, a brute, or a wild beast, he could be acquitted by reason of insanity.