Most states have long recognized a form of the insanity defense, based on the defendant’s mental illness, defect, or inability to understand that the criminal act was wrong. In pleading an insanity defense, the defendant admits the criminal conduct, but asserts a lack of culpability based on mental illness. Many states still model their insanity defense on the old English rule of law (the M’Naghten rule from 1843) in which the defendant asserts he (1) did not know the nature and quality of the act, or (2) did not know that it was wrong.

And it is an affirmative defense to a prosecution under any federal statute (federal law) that, at the time of the offense, the defendant was unable to appreciate the nature and quality of his acts, or the wrongfulness of his acts. See 18 U.S.C. §17.

When a defendant is found not guilty by reason of insanity it does not mean he necessarily goes free. States often have requirements for treatment or institutionalization after such a finding. And some states require, at a minimum, confinement in a treatment institution or facility for the length of time the person would have received if convicted—so a defendant may end up spending more time confined than if he did not raise such a defense.

The law regarding the availability, definitions, and nature of the insanity defense vary from state to state, and are usually located in a state’s statutes.

In Arkansas, the insanity defense is recognized and is similar to the M'Naghten rule, which is the traditional standard for insanity defenses in many jurisdictions. Under Arkansas law, a defendant may be found not guilty by reason of insanity if, at the time of the offense, they were suffering from a mental disease or defect that prevented them from understanding the nature and quality of their act, or from understanding that their act was wrong. This is codified in the Arkansas Code Annotated § 5-2-312. If a defendant is successful in pleading insanity, they are not automatically set free. Instead, Arkansas law requires that the individual be committed to the Department of Human Services for treatment. The length of confinement in a treatment institution can be equivalent to, or sometimes longer than, the prison sentence that would have been imposed if the defendant had been convicted of the offense. The specifics of the commitment process and the conditions under which a person may be released from a treatment facility are also governed by state statutes.