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What is an Insanity Defense

Posted by attorney Erick Platten

In Texas it is an affirmative defense to prosecution that , at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

This defense shall only be submitted to the jury if supported by competent evidence.

When insanity is submitted, the trier of facts shall determine and include in the verdict or judgment or both whether the defendant is guilty, not guilty, or not guilty by reason of insanity.

Additional resources provided by the author

Texas Penal Code and Code of Criminal Procedure

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