The legal and jurisprudential challenges of determining insanity in criminal responsibility in Iran and the United States

Criminal responsibility refers to an individual's obligation to be accountable for criminal acts, requiring the person to be sane, mature, and acting voluntarily at the time of committing the crime. Claims of mental disorders can lead to reduced sentences or acquittal of the accused. Insanity is recognized as a barrier to criminal responsibility, but many other mental disorders do not fall into this category. This research examines the conditions for establishing insanity in the legal systems of Iran and the United States, demonstrating that in both systems, insanity means a complete lack of will or power of discernment. Additionally, according to Article 149 of the Islamic Penal Code of Iran and U.S. laws, severe mental retardation can also negate criminal responsibility. To fairly implement laws concerning individuals with mental disorders, suggestions such as comprehensive psychiatric evaluation and determining degrees of responsibility have been proposed. Understanding the U.S. legal system and its experiences can help improve the situation for these individuals in Iran, but implementing these policies requires attention to existing challenges and limitations.