The Scope of Insanity Defense in Criminal System of Iran and the United States of America

Insanity, in both of Iranian criminal system and most states in the US, is defined as a mental disorder which causes to lack of volition or lack of capacity to appreciate wrongfulness of conduct, whether the nature of the conduct or criminal description of it as a crime. An insanity defense is acceptable, only when the offender did not have any volition or diagnostic capacity as a result of mental disorder. Mental disorders which often excludes criminal responsibility includes mania disorder, schizophrenia, paranoia and mental retreated, according to new Iranian criminal law or American law. Diminished responsibility, considerably, is applicable for mentally ill offenders, who have criminal responsibility, in the American states versus the Iranian criminal system.