Model Penal Code Test: Lack of considerable capacity to recognize the illegality of the action or to adjust the conduct to the requirements of the law. Background: The specific criteria for insanity defenses vary by jurisdiction. However, they often include psychiatric evaluation and expert testimony to explain how the defendant's mental state fulfills the jurisdictional standards for legal insanity. 3) After Bernie was arrested for robbery, his mental condition went from functioning to nonfunctioning. He no longer can help his lawyer defend him because he is no longer competent. What defense, if any, does Bernie have to the charge of robbery? Will he be successful? Why? Bernie argues that he is incapable of standing trial due to his current mental state. This contrasts with the defense of insanity, which emphasizes the defendant's state of mind at the time of the offense. In addition to needing a mental evaluation, Bernie could not understand, demonstrate his court proceedings, or assist in his own defense. If proven, the trial may be delayed until he is competent again. Context: According to the US legal system, a defendant must be competent to defend themselves. Legal action may be stopped, and Bernie's capacity may be restored through treatment or rehabilitation if he is incompetent. Alternative legal actions to address the charges may be pursued if his competency cannot be restored