Mens Rea Psychiatric Evidence in New York: Negating Intent Without an Insanity Defense

Stephan M. Carlson, MD, MBA, FAPA · Criminal Competency and Responsibility

New York lets a defendant offer psychiatric evidence to show he never formed the intent the charge requires—without conceding insanity. The opinions that fail usually blur the line between not forming intent and not being responsible, and that blur is where they get excluded. Two different defenses that both run on a diagnosis A psychiatric opinion can do two very different jobs in a New York criminal case, and the law treats them separately. The insanity affirmative defense under Penal Law §40.15 concedes the conduct, then argues the defendant lacked criminal responsibility because, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either the natu

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