Insanity Defense

The "insanity defense," that is, the idea of a person pleading insanity as a criminal defense, has been around since the days of ancient Greece. Even then, questions about insanity were the focal point of controversy — just what constitutes "insanity?" Does someone who is considered insane know the difference between right and wrong? Should someone who is judged insane receive a different punishment (if any) from the punishment of a sane person? Should the definition of insanity be consistent across cultures and time?

A Successful Insanity Defense

The insanity defense debate continues today. Many people were outraged when John Hinckley Jr. successfully used the insanity defense in 1982 after his attempted assassination of President Ronald Reagan. A 12-person jury found Hinckley "not guilty by reason of insanity" regarding the 13 offenses for which he was charged. Instead of receiving a death sentence or lengthy prison sentence, Hinckley was remanded to the care of a mental facility for an indefinite period of time.

The psychiatrists hired by his defense team testified that Hinckley was insane, while the psychiatrists retained by the prosecution declared Hinckley legally sane. The prosecution described Hinckley as troubled but fully aware that shooting the President was wrong. The defense argued that he was psychotic and not mentally competent to understand the import of his actions.

Insanity Defense Laws Revised

Within months of the Hinckley verdict, Congress rewrote the relevant criminal statutes to toughen the legal standard for an insanity defense, shifting the burden of proof to the defendant and making the standard of proof "by clear and convincing evidence." Several states made similar revisions, and Utah, Kansas, Montana, and Idaho have eliminated the insanity defense option completely.

Rarely Used Defense

Although the insanity defense gets a barrage of media attention when other particularly sensational cases arise, such as when a mother kills her children or a battered woman kills her husband, the insanity defense is rarely used.

A study of the various types of defense strategies used in eight states found that the insanity defense was employed in less than one percent of all criminal cases, and that when it was used, the insanity defense was successful in only about 26 percent of the cases. Moreover, of the cases in which the insanity defense was successful, 90 percent of the defendants had already been diagnosed as mentally ill.

Using the Insanity Defense

A person accused of a crime or the family members of such a person may feel that the insanity defense is appropriate or might simply be a good strategy. Defendants and their families should bear in mind the fact that regular criminal sentences are a defined number of years, whereas a successful use of the insanity defense can result in the defendant spending more time as a "prisoner" of the state or federal government than if he or she were to receive a regular criminal sentence.

A defendant who is judged not guilty by reason of insanity is going to spend as long a time in a government institution for the mentally ill as the physicians in charge deem it necessary. There is no parole, and there is no guarantee of when that defendant will be set free — or even that he or she will indeed someday be set free.

Talk to an Experienced Criminal Defense Attorney

If the insanity defense seems like a good idea for you or your loved one, it's best to talk it over with a criminal defense lawyer who is highly knowledgeable about the issues surrounding the insanity defense option in your local jurisdictions. Contact an experienced criminal defense attorney today to discuss the circumstances of your case.

Related Insanity Defense News

September 5, 2008 -  Judges: Man Not Guilty by Reason of Insanity

Oct 10, 2007 - Mental Evaluations On the Rise for Defendants in Maine