nIn 1962, the American Law Institute (ALI), proposed a new standard sometimes referred to as the substantial capacity test.
nIt provides that “a person is not responsible for
criminal conduct if at the time
of such conduct, as a result of mental
disease or defect, a person lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law.”
nMost federal courts adopted the ALI Standard.
nThe defense of insanity has never been popular with the public, sometimes being called “a rich person’s
defense,” because defendants who
invoke it frequently expend considerable
financial resources to present psychiatric testimony.