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 Delaware, the insanity defense is recognized and allows a defendant to claim they were legally insane at the time of committing a crime, thus lacking culpability due to mental illness. Delaware follows a variation of the M'Naghten rule, which requires the defendant to prove that, as a result of mental illness, they were unable to understand the nature and quality of their actions or to understand that what they were doing was wrong. If a defendant is successful in pleading insanity, they are not simply set free. Instead, Delaware law may require the defendant to be committed to a psychiatric facility for treatment. The length of time spent in such a facility could be equivalent to, or potentially longer than, the prison sentence that would have been imposed if the defendant had been convicted of the crime. The specifics of the insanity defense, including the burden of proof and the consequences of a successful defense, are detailed in Delaware's statutes.