The insanity defense has been used for centuries to mitigate the consequences or pardon the actions of criminal defendants. Today, nearly all states allow the insanity defense, though the standards for proving insanity vary.
Although widely popularized in the media as a way for defendants to avoid repercussions, few criminal defendants plead insanity. The defense is perhaps both the most controversial defense approach and the least used. It rarely succeeds in the real world.
Understanding the Insanity Defense
The idea behind the insanity defense is that a criminal defendant who is insane lacks the intent necessary to perform a criminal act. Per the insanity defense, the person either cannot differentiate between right and wrong, could not at the time he committed the offense, or could not control his actions even when he understood the act was wrong. The insanity defense is a difficult plea because insanity itself has no set definition.
Asserting the Insanity Defense
A defendant may file a motion at any time for a hearing to determine his or her competency. Competency must be established to allow the defendant to stand trial; a defendant cannot stand trial if he is legally incompetent. Incompetence may be shown when:
- The defendant is incapable of rationally communicating with an attorney
- The defendant is incapable of rationally comprehending the proceedings
The hearing to determine competency involves submission of supporting evidence and a psychological evaluation.
Proving Insanity
Florida relies upon the M’Naghten rule to define legal insanity. The M’Naghten rule stems from an old English case in which a man named Daniel M’Naghten shot and killed the British Prime Minister’s secretary by mistake. M’Naghten meant to kill the Prime Minister himself because he believed the Prime Minister was conspiring against him. The court acquitted him “by reason of insanity.” M’Naghten lived out the rest of his days in a mental institution.
After public outrage, the court developed a refined test for insanity. A jury must apply the M’Naghten rule after hearing medical testimony from the prosecution and defense. The rule presumes sanity, unless the defense proves that, at the time of committing the crime, the accused was suffering from “a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know what he was doing was wrong.”
The rule places the focus on the defendant’s mental abilities at the time he committed the crime. Under criminal law, a defendant may not be culpable for an act that he or she was not aware of committing due to a psychological illness.
The test also tries to determine if the defendant knew that his or her actions were wrong. So, even if the defendant knew what he was doing, he would be deemed insane if he did not recognize the wrongfulness of the action committed.
This test is still used today in Florida and several other states. In Florida, the burden of proof falls on the defendant, meaning that the defendant must show his or her insanity by “clear and convincing evidence” for the defense to hold up in court.
Why Pleading Insanity is a High-Risk Strategy
In the United States, a jury’s verdict determines a person’s guilt or innocence. While a jury may find a defendant insane, they may not find the defendant insane enough to find him innocent. This was exemplified in the case of James Holmes, the Aurora, Colorado shooter.
Despite extensive evidence of psychological disturbance and a history of mental illness, James Holmes was ultimately found guilty of murder in the first degree. The Colorado jury rejected his plea of not guilty by reason of insanity. His insanity plea failed because his defense lawyers were forced to acknowledge that Holmes indeed committed the heinous crime. Once the defense admits a defendant’s acts, it is difficult for jurors to see past that and accept an excuse for them.
Additionally, defendants who plead insanity may be committed to a mental institution against their will for a significant period.
Defense Against Violent Criminal Charges
The insanity plea is currently used in fewer than 1% of all criminal cases. Find out the best course of action to fight the charges against you. If you face charges for a violent crime in West Palm Beach, attorney Brian Gabriel will work with you to develop a proper defense strategy. With over 30 years of experience, he is vastly knowledgeable in criminal procedure.
Call the Law Office of Gabriel & Gabriel at (561) 622-5575 for a free consultation or contact Mr. Gabriel online.