{"id":352258,"date":"2024-01-03T14:50:31","date_gmt":"2024-01-03T19:50:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/current-application-of-the-insanity-defense.html"},"modified":"2024-01-03T14:50:31","modified_gmt":"2024-01-03T19:50:31","slug":"current-application-of-the-insanity-defense","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/current-application-of-the-insanity-defense.html","title":{"rendered":"Current Application of the Insanity Defense"},"content":{"rendered":"\n
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Current Application of the Insanity Defense<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The insanity defense is a legal defense to the commission of a crime. There’s a desire to shield the mentally ill from the full brunt of the legal system. But there are also concerns about false claims of mental illness used to manipulate the criminal justice system.<\/p>\n\n <\/div>\n\n

Courts have struggled with developing a balance between protecting those suffering from mental disorders and protecting the public from those who would abuse the mental health system.<\/p>\r\n

This article explains how courts apply the insanity defense. But this defense is only possible in some cases. There are court requirements when a defendant claims to be innocent because of insanity. If you or your loved one need support against criminal charges, get strategic advice from a defense lawyer<\/a>. <\/p>\r\n

Legal History of the Insanity Defense<\/h2>\r\n

From as early as the 12th century<\/a>, the use of an insanity defense has essentially been a legal shield for those with mental illness. Under some circumstances, a mentally ill defendant found not guilty by reason of insanity<\/a> is excused from the legal responsibility for their criminal behavior. This is true even though the person actually committed the crime or, in legal terminology, is "culpable<\/a>" of the crime.<\/p>\r\n

Throughout history, the standards surrounding the insanity defense have tightened dramatically, particularly after the John Hinckley verdict<\/a>, which allowed President Ronald Reagan’s attempted assassin to go to a psychiatric hospital rather than prison.<\/p>\r\n

How the Insanity Defense Differs from Competency and Diminished Capacity<\/h2>\r\n

All jurisdictions require that criminal defendants be competent<\/a> to stand trial. This means defendants must understand the nature of the proceedings against them and be able to assist counsel in their defense.<\/p>\r\n

A person found mentally incompetent to stand trial<\/a> is usually hospitalized for treatment. The court will conduct regularly scheduled case reviews to see if the person has regained competency. If the defendant remains incompetent, they’ll remain hospitalized at a mental institution.<\/p>\r\n

But competency does not address a party’s guilt or innocence. So, competency to stand trial is separate from asserting an affirmative insanity defense.<\/p>\r\n

Many confuse insanity with diminished capacity<\/a>. Diminished capacity results in a defendant pleading guilty to a lesser crime rather than being found not guilty due to a mental disease. The defendant accepts criminal responsibility but argues mitigating factors reduce the intent element.<\/p>\r\n

For example, let’s say you commit a crime while intoxicated. Use of the insanity defense by your criminal defense attorney will likely be unsuccessful. But they could argue you did not act with specific intent to cause a particular result due to your intoxication. This commonly applies when a defendant charged with murder<\/a> ends up with a conviction for a lesser crime, such as manslaughter<\/a>.<\/p>\r\n

Tests Used To Determine Legal Insanity<\/h2>\r\n

A defendant’s intent (mens rea<\/a>) to commit the crime is a key element in most criminal cases.<\/p>\r\n

For example, common law burglary<\/a> requires a defendant to break and enter an inhabited structure at night with the intent to commit a felony, such as stealing personal property. Even in states with slightly different definitions<\/a> of burglary, the intent to commit the crime is still a pivotal requirement.<\/p>\r\n

Different jurisdictions <\/a>have adopted several tests to evaluate a person’s mental state at the time of the crime. When a defendant enters an insanity plea, they’re telling the court they shouldn’t be legally responsible because, at the time of the crime, they suffered from a defect of reason.<\/a><\/p>\r\n

Four states do not allow criminal defendants to use the insanity defense to justify the criminal act. The following states don’t use mental defects <\/a>as a justification for criminal conduct:<\/p>\r\n