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Thus, the new federal standard eliminated the volitional component and left only the cognitive component.

Many states have followed suit and some have eliminated the insanity defense altogether. What Qualifies as a “Mental Disease or Defect” for the Insanity Defense?

Here in the United States, public outrage in response to successful insanity defenses in high profile cases has often led to changes that limit the availability of the defense and its likelihood of success.

To that end, voluntary intoxication is excluded, as are conditions that have antisocial behaviors as their primary characteristic, e.g.

kleptomania, pyromania, and pedophilia and appear to have no physiological basis.

There are times when the insanity defense, with all the controversy that surrounds it, is in the news.

This is one of those times:• It is highly likely that James Holmes, who is facing 142 felony counts in connection with the Aurora, Colorado shootings on July 22, 2012, will raise an insanity defense.

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