What is the legal test for not guilty by reason of insanity?

California, United States of America


The following excerpt is from People v. Tran, 156 Cal.Rptr.3d 565 (Cal. App. 2013):

1 "Technically, once a defendant has been found not guilty by reason of insanity, he is no longer a criminal defendant, but a person subject to civil commitment." (People v. Lara (2010) 48 Cal.4th 216, 222, fn. 5, 106 Cal.Rptr.3d 208, 226 P.3d 322.) We shall refer to such persons as defendants or NGIs rather than "committees" or "persons committed."

All unspecified statutory references are to the Penal Code.

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