Settled insanity is defined as a permanent or "settled" condition caused by long-term substance abuse and differs from the temporary state of intoxication. In some United States jurisdictions "settled insanity" can be used as a basis for an insanity defense, even though voluntary intoxication cannot, if the "settled insanity" negates one of the required elements of the crime such as malice aforethought. However, U.S. federal and state courts have differed in their interpretations of when the use of "settled insanity" is acceptable as an insanity defense and also over what is included in the concept of "settled insanity".[1][2]
- ^ "The Insanity Defense" (PDF). Loyola of Los Angeles Law Review. Retrieved 2007-10-23.
- ^ "Intoxication and Settled Insanity: A Finding of Not Guilty by Reason of Insanity". Journal of the American Academy of Psychiatry and the Law. 2007. Retrieved 2007-10-23.
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