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Insanity Defense Success Rate in US Partially False Claim

“less than 1% of defendants in criminal cases plead insanity as their defense in the United States, and only about .26% of those who plead insanity are successful in their plea,”
Partially false
Confidence: High Checked on June 13, 2026

Summary

Approximately one percent or slightly fewer of U.S. criminal defendants raise the insanity defense, which matches the first part of the claim. However, about a quarter of those pleas succeed—roughly 26%—not 0.26%, so the success‑rate figure is incorrect.

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Sources 60 searched

pubmed.ncbi.nlm.nih.gov
sciencedirect.com
pbs.org
digitalcommons.nyls.edu
ljlaw.org

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