E31 - Why Almost Everyone Gets the Insanity Defense Wrong | Case Notes
Published: July 12, 2026
Duration: 21:54
Why do so many people misunderstand the insanity defense?
It's one of the most debated concepts in criminal law, yet also one of the least understood. Popular culture has created the impression that defendants routinely "get off" by pleading insanity. The reality is far more complicated. Legal insanity is not the same as mental illness, psychopathy, or a psychiatric diagnosis, and successful insanity defences are exceptionally rare.
In this episode of UNMARKED: Case Notes, I speak with forensic psychologist Dr. Joni Johnston about what the insanity defense actually is, how courts determine criminal responsibility, and...