Incompetency refers to whether a defendant is capable of understanding and aiding in his defense. Insanity refers to whether a defendant will be held criminally responsible for his actions.

How is competency different from insanity?

The main difference between insanity and competency is that they are evaluated at different times. Competency is evaluated while the person is going through the legal proceedings. ... Insanity is evaluated at the time of the offense. This means that the defendant's state of mind is evaluated at the time of the offense.

What is the difference between volitional insanity and cognitive insanity?

When using the cognitive insanity defense, the defendant concedes that he committed the crime. ... Because of the inability to control his actions, a defendant who uses the volitional insanity defense alleges that he did not commit the crime voluntarily, an element which is also necessary to convict for most crimes.