The Insanity Defense in New York: Medical and Legal Perspectives

Stephan Carlson, MD, MBA, FAPA · Criminal Defense

Despite its prominence in popular media, the insanity defense is rarely invoked and even more rarely successful. As a forensic psychiatrist who has conducted numerous criminal responsibility evaluations in New York and Brooklyn, I aim to clarify this complex area of law. The M'Naghten Standard in New York New York follows the M'Naghten test for criminal responsibility, codified in Penal Law § 40.15. A defendant may be found not responsible by reason of mental disease or defect if, at the time of the conduct, they: 1. Lacked substantial capacity to know or appreciate either: - The nature and consequences of their conduct, OR - That such conduct was wrong This is a cognitive test focused on kn

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