What states does NOT ALLOW INSANITY PLEA, MPD?
Well, I know that Kansas does not allow insanity as a defense. A defendant who is mentally ill in Kansas and who is unable to take part in his/her trial, will be held and treated until such time as they will be able to assist in their defense. K.S.A. 22-3220 also states that as a result of mental disease or defect, the defendant lacked the mental state required as an element of the offense charged. In other words, for mens rea crimes, mental disease and defect can be used as a defense, in that the defendant was not able to form the “evil mind” (or evil intent), but there isn’t an insanity defense per se. Many states have severely restricted the use of the insanity defense. Several have completely abolished it. Most legal scholars, and the American Medical Association currently support abolishing the insanity defense as it used to exist, and replace it with either a version of the mens rea defense, or the Guilty But Insane plea. If you wish to have the insanity defense reinstituted, you
