The insanity defense typically refers to a plea made by defendants who believe that they are not guilty because they lacked the mental capacity to realize that they committed a wrong or appreciate why it was wrong. In general, the insanity defense is skeptically viewed but, as has been expressed by knowledgeable criminal defense attorneys, “When you’ve got no better defense, that’s the way to go.”
Under California Penal Code Sections 1016-1027, a plea of not guilty by reason of insanity is permissible. To be considered “legally insane” a person must able to assert the legal defense of insanity if, because of a mental illness, they either cannot understand the nature of their criminal act, or cannot distinguish between right and wrong.
Despite public perceptions to the contrary, insanity defenses are almost never successful. A study of criminal cases conducted in eight states in the early 1990s concluded that less than one percent of defendants pleaded insanity and, of them, only a quarter won acquittals.
“In the real world, it just doesn’t happen,” said Maryland Attorney General Joseph Curran, who as lieutenant governor in 1983 chaired a task force that helped tighten that state’s insanity defense.
Even when an insanity plea is successful, it is rare that those acquitted walk free. In almost all cases, a verdict of not guilty by reason of insanity prompts a judge to commit defendants to a state mental hospital until health officials determine they do not pose a danger to anyone. However, there are exceptions. In January of 2013, a California mother accused of drowning her 3-year-old daughter walked away a free woman after she was found not guilty by reason of insanity and a judge deemed her fit to reenter society. Although, at the time of her acquittal, the woman had already served three years of treatment and incarceration.
In all likelihood, if you are found not guilty by reason of insanity by the jury at a criminal jury trial, you will be committed to a state mental hospital instead of being sent to prison. For some, being sentenced to a mental health facility could be tantamount to a life sentence.
Law Offices of Daniel R. Perlman
The post What is an Insanity Defense? appeared first on Law Offices of Daniel R. Perlman.
