The test for determining insanity in California is the M’Naghten test. The defendant did not know the difference between right and wrong at the time of committing the criminal act. Basically it means that the defendant did not understand the nature of his/her acts or the defendant could not distinguish the difference between right and wrong. Insanity needs to be proven by a preponderance of evidence. However, even if the defendant is found to be insane they will be sent to a psychiatric facility for treatment.

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