Michigan — Statute

768.21a – Persons deemed legally insane; burden of proof | Michigan Law

Learn about Michigan's legal insanity defense, including burden of proof, definitions, and how intoxication affects insanity claims under Section 768.21a.

Legal Content

Michigan State Law

768.21a – Persons deemed legally insane; burden of proof

Michigan Code of Criminal Procedure § 768.21a

Summary

Michigan law recognizes legal insanity as an affirmative defense in criminal cases, requiring the defendant to prove they lacked substantial capacity due to mental illness or intellectual disability at the time of the offense. The law specifies that intoxication alone does not constitute insanity. The defendant bears the burden of proof to establish this defense by a preponderance of evidence.

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Explain Like I'm 5

In simple terms: Learn about Michigan's legal insanity defense, including burden of proof, definitions, and how intoxication affects insanity claims under Section 768.21a.. This means people must follow this rule, and breaking it can lead to criminal penalties.