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It is based upon claims that a defendant's mental condition at the time of the crime, although not sufficient to support the affirmative defense of insanity, might still lower criminal culpability. A finding of diminished capacity may result in a verdict of "guilty" to lessened charges.
The insanity defense is not widely used, and is raised in only about 1% of all criminal cases. Defendants found "not guilty by reason of insanity" are rarely set free, being instead committed to a mental hospital until confinement is no longer deemed necessary.
Because of the difficulties associated with assessing insanity from a legal perspective, a number of jurisdictions have eliminated the insanity defense...
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