we heard judge kaufman and attorney gerry spence refer to a legal term called mens rea. what does that mean? it's latin. it means "a guilty mind." but that generally has been meant to stand for secific intent. it's a tradition of angl0-american law that nobody can be convicted of a criminal offense unless he's had a deliberate intent to commit that offense. what is the legal basis for the insanity defense? it all goes back to a fellow named m'naghten who attempted to assassinate robert peel, who was prime minister of england under queen victoria in the early part of her reign. but he didn't kill robert peel. he actually killed a bodyguard. his assistant. his assistant. his counsel interposed the defense of insanity. that went all the way to the house of lords, the privy council. they came out with the so-called m'naghten rules, which defined insanity as not knowing the nature and quality of your act, or the difference between right and wrong. that was the definition until recently in america. what it is now? there are 50 different answers because there are 50 states. the