Does the insanity defense apply to people with personality, adjustment, seizure, or substance abuse disorders?
A finding of insanity cannot be found “solely on the basis of a personality or adjustment disorder, a seizure disorder, or an addiction to, or abuse of, intoxicating substances.” Penal Code § 25.5. See also People v. Fields (1983) 35 Cal.3d 329 (to classify people with antisocial personality as insane would place people in mental institutions for whom there is currently no suitable treatment and who would be a constant danger to staff and other inmates); People v. McCaslin (1986) 178 Cal.App.3d 1 (applying Fields to the M’Naghten test). However, as discussed below, a diagnosis of antisocial personality disorder may constitute substantial evidence of a mental disorder to support an extension of an NGRI commitment if the diagnosis is based on other criteria, in addition to repeated criminal or antisocial behavior. People v. Superior Court (Blakely) (1997) 60 Cal.App.4th 202. Penal Code section 25.2 erects an absolute bar prohibiting use of one’s voluntary ingestion of intoxicants as the
