By some insanity test criteria, an individual could be found not guilty by reason of insanity even if he or she knew he or she was committing a crime at the time he or she committed it. This is a shortcoming of ______.

Question

Quizplus · Accepted Answer

Both the product and volitional tests have been criticized for allowing individuals who knew they were committing a crime to be found not guilty by reason of insanity, as they focus on different aspects of the defendant's mental state at the time of the crime. The product test looks at whether the defendant was unable to understand the wrongfulness of their actions, while the volitional test looks at whether they were unable to control their behavior due to a mental illness. In some cases, an individual may meet the criteria for both tests but still be aware that what they were doing was legally and morally wrong. This has led to concerns about the fairness and reliability of the insanity defense.

By Some Insanity Test Criteria, an Individual Could Be Found