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temporary insanity :: legal definition


Temporary insanity - n. in a criminal prosecution, a defense by the accused that he/she was briefly insane at the time the crime was committed and therefore was incapable of knowing the nature of his/her alleged criminal act. Temporary insanity is claimed as a defense whether or not the accused is mentally stable at the time of trial. One difficulty with a temporary insanity defense is the problem of proof, since any examination by psychiatrists had to be after the fact, so the only evidence must be the conduct of the accused immediately before or after the crime. It is similar to the defenses of "diminished capacity" to understand one's own actions, the so-called "Twinkie defense," the "abuse excuse," "heat of passion" and other claims of mental disturbance which raise the issue of criminal intent based on modern psychiatry and/or sociology. However, mental derangement at the time of an abrupt crime, such as a sudden attack or crime of passion, can be a valid defense or at least show lack of premeditation to reduce the degree of the crime.

See also: crime defense diminished capacity insanity intent and Related Law Terms ↓


Related Law Terms

attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breaking and entering :: n. 1) the criminal act of entering a residence or ... above. See also: burglary trespass
burglary :: n. the crime of breaking and entering into a struc ... le. See also: breaking and entering
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
competent :: adj. 1) in general, able to act in the circumstanc ... all bases. See also: evidence will
concurrent sentences :: n. sentences for more than one crime which are to ... ith the longest period controlling.
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
crime of passion :: n. a defendant's excuse for committing a crime due ... dant. See also: manslaughter murder
criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence
diminished capacity :: n. essentially a psychological term which has foun ... See also: insanity M'Naughten rule
diversion :: n. in criminal procedure, a system for giving a ch ... second offense. See also: probation
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
incapacity :: adj. 1) not being able to perform any gainful empl ... of the will. See also: incompetent
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
intoxication :: n. 1) the condition of being drunk as the result o ... r. See also: vehicular manslaughter
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
mitigating circumstances :: n. in criminal law, conditions or happenings which ... ity heat of passion Twinkie defense
M'Naughten rule :: n. a traditional "right and wrong" test of legal i ... temporary insanity Twinkie defense
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
not guilty by reason of insanity :: n. plea in court of a person charged with a crime ... fense not guilty temporary insanity
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
plea bargain :: n. in criminal procedure, a negotiation between th ... the ban. See also: cop a plea plea
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
release on one's own recognizance :: v. for a judge to allow a criminal defendant pre-t ... ourtroom slang. See also: bail O.R.
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
speedy trial :: n. in criminal prosecutions, the right of a defend ... hurt by the waiver. See also: trial
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
Twinkie defense :: n. a claim by a criminal defendant that at the tim ... rder. See also: diminished capacity
withdrawal :: n. 1) in criminal law, leaving a conspiracy to com ... count. See also: check renunciation

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - T

T.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining order
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object.
taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination
tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax.
tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax
tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes.
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy
tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer