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Phillip Resnick commented: "My opinion was in both [the cases of Yates and Laney] they were legally insane.
Under this test, an actor is legally insane if, at the time of the criminal conduct, he suffered from a "severe mental disease or defect" and as a result was unable to appreciate (1) the nature and quality of the conduct or (2) the wrongfulness of the conduct.
Two psychiatrists are set to begin assessing this week whether he is legally insane, as prosecutors seek to bring him to trial next year, and are expected to report back by November 1.
A Florida man has been found not guilty by reason of insanity after four expert witnesses testified that the defendant, who consumed Red Bull before killing his elderly father, was legally insane at the time he committed the crime.
The challenge faced by the defendant at trial was that the court-appointed evaluator had determined that, although the defendant experienced psychotic symptoms (including hearing voices that he believed to be from God) at the time of the offense, the defendant's cocaine use had initiated and exacerbated these symptoms and thus the defendant was not legally insane at the time of the crime.
A jury could find the defendant was legally insane when he committed the crime, at which point he would be sent to a state hospital where he would remain until a judge concluded he was no longer a danger to himself and others, Hutton-Payton said.
People who are legally insane and unfit to plead are a matter for a jury to investigate.
Teenager Lee Boyd Malvo was legally insane during last year's sniper spree because of intense indoctrination by US sniper mastermind John Allen Muhammad, a defence psychiatrist testified at Malvo's trial in Chesapeake, Virginia.
Strang, a 26-year-old unemployed computer expert, was ordered to be detained at a secure mental hospital without limit of time after an Old Bailey jury found he was legally insane.
He points out that the vast majority of people considered legally insane suffer from severe psychiatric illnesses if not psychotic disorders.
A forensic psychologist testified for prosecutors that Routh was not legally insane and suggested he may have gotten some of his ideas from television.
One psychiatric examination found him legally insane while another reached the opposite conclusion.