One criminal defense strategy that may be an option is to argue that the defendant cannot be found guilty for the crime simply because she or he did not comprehend or grasp what she or he was doing, or that the actions were even wrong or criminal in any way. There are certainly varying degrees of this defense. An insanity defense would, of course, be the most severe degree of this defense strategy. Regarding an insanity defense, many states have vastly different rules and interpretations can vary. If an insanity defense is chosen to be the best defense for a defendant and thus presented to the court, then the burden of proof for this defense falls upon the defendant and her or his attorney. Essentially, the defendant must prove to the court that she or he had a mental disorder that made her or him incapable of discerning between what is right and what is wrong, or that the disorder made it impossible to resist controlling actions or acting out on violent, criminal impulses.
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