What is the test for a defendant to be held criminally responsible for a crime committed under the Mental Health Act?

"New York", United States of America

The following excerpt is from George L., Matter of, 624 N.Y.S.2d 99, 648 N.E.2d 475, 85 N.Y.2d 295 (N.Y. 1995):

Thus, "[w]hile it is true that * * * a person suffering from mental disease or defect * * * ought not to be held criminally responsible for that conduct and subjected to traditional punishment * * * the legislatively mandated consequences of a successful imposition of the defense equally reflect society's legitimate interest in knowing whether the defendant is and will continue to be a threat to himself or others" (People v. Lancaster, 69 N.Y.2d 20, 27, 511 N.Y.S.2d 559, 503 N.E.2d 990 [emphasis added]. Such an analysis necessarily involves an assessment of a defendant's future dangerousness.

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