Common Criminal Defenses

By Jonah Sanders

For the common man and woman who has no clue as to defend themselves in criminal matters this book is for you. Learn the most common criminal defenses ranging from necessity to self defense and much more.

• Language: English
• Publisher: Jonah Sanders
• Release date: Apr 8, 2023
• ISBN: 9798215916889

Jonah Sanders

Jonah Sanders is the founder of The Urban Law School, The Jonah Sanders Foundation and Black Genius Academy. A educator and motivator he continues to bring change to the world.

Book preview

Insanity Defense: How to Prove Mental Incapacity in Criminal Court.

The criminal justice system is designed to ensure that those who break the law are held accountable for their actions.

However, there are situations where an individual may not have been in the right state of mind when they committed a crime. In these cases, the insanity defense may be used to prove mental incapacity. The insanity defense is a legal concept used to defend individuals who were not responsible for their actions due to a mental disorder. If you or someone you know is facing criminal charges and may have a valid insanity defense, it’s important to understand how it works and what steps need to be taken to prove mental incapacity in the criminal court. In this lesson, we will discuss what the insanity defense is, how to prove mental incapacity in criminal court, and what to expect during the legal process.

1. What is the insanity defense?

The insanity defense is a legal strategy used by defendants who are facing criminal charges. Essentially, the defense argues that at the time of the crime, the defendant was not in control of their actions due to a mental illness or defect.

This defense is used to argue that the defendant should not be held responsible for the crime, as they were not capable of understanding the nature of their actions or the consequences of their behavior.

It’s important to note that the insanity defense is not a get-out-of-jail-free card. It is a very difficult defense to prove, as the burden of proof lies with the defendant. The defendant must be able to provide evidence that they were suffering from a mental illness or defect at the time of the crime and that this condition prevented them from understanding the nature of their actions or the consequences of their behavior.

The insanity defense is not available in all criminal cases and varies by jurisdiction. Some jurisdictions require proof of insanity beyond a reasonable doubt, while others only require a preponderance of the evidence. It’s important to consult with a criminal defense lawyer to determine if the insanity defense is a viable option in your case.

2. The legal test for insanity

The legal test for insanity is a crucial aspect in determining whether a defendant can escape criminal liability for a crime they committed. The legal test for insanity varies depending on the jurisdiction, but the most common legal test is the M'Naghten rule.

The M'Naghten rule requires that the defendant must have been suffering from a mental disorder at the time the crime was committed, which prevented them from understanding the nature and quality of their actions, or from knowing that their actions were wrong. If the defendant can establish that they meet these requirements, they may be found not guilty by reason of insanity.

Other legal tests for insanity, such as the irresistible impulse test, the Durham rule, and the Model Penal Code, are used in some jurisdictions. But no matter which legal test is applied, it is important to understand that proving insanity is not an easy task. The burden of proof falls on the defendant and their legal team to provide convincing and compelling evidence that their mental incapacity was the reason for the criminal act.

It is important to work with experienced professionals, such as forensic psychiatrists and psychologists, who can evaluate the defendant's mental health and provide expert testimony in court. This can help to strengthen the 4

defendant's case, but ultimately, the decision of whether or not to accept an insanity plea lies with the judge or jury.

3. The history of the insanity defense

The insanity defense has been around for centuries and has been used in various forms across different cultures. In ancient Greece and Rome, individuals who were deemed to be insane were often acquitted of their crimes or given a reduced sentence. During the Middle Ages, the insanity defense was based on the belief that people who were possessed by demons were not responsible for their actions. This defense was eventually replaced by the wild beast test, which stated that people who committed crimes while in a state of frenzy were not responsible for their actions.

In modern times, the insanity defense has undergone significant changes. In the United States, the first successful use of the insanity defense was in 1843 in the case of Daniel M'Naghten. M'Naghten attempted to assassinate the British Prime Minister and was acquitted on the grounds of insanity. The M'Naghten rule, which is still used in many states, requires that defendants must have a mental disease or defect at the time of the crime and must not have known that their actions were wrong.

Over the years, there have been a number of high-profile cases that have brought attention to the insanity defense.

One of the most famous cases was that of John Hinckley Jr., who attempted to assassinate President Ronald Reagan in 1981. Hinckley was found not guilty by reason of insanity and was committed to a psychiatric hospital. This case led to significant changes in the laws surrounding the insanity defense, including the Insanity Defense Reform Act of 1984.

Despite these changes, the insanity defense remains controversial. Critics argue that it is often used as a loophole to avoid punishment and that it is difficult to determine whether someone truly has a mental illness. Proponents of the insanity defense argue that it is necessary to ensure that people with mental illnesses receive treatment rather than punishment.

4. Famous cases that relied on the insanity defense

The insanity defense has been used in several high-profile criminal cases. One of the most famous cases is that of John Hinckley Jr., who attempted to assassinate President Ronald Reagan in 1981. Hinckley's lawyers argued that he was suffering from acute psychosis and was unable to understand the nature and quality of his actions. The jury ultimately found him not guilty by reason of insanity and he was committed to a psychiatric facility.

Another case that gained national attention was that of Andrea Yates, a mother who drowned her five children in a bathtub in 2001. Yates had a history of mental illness and had been hospitalized several times prior to the incident.

Her defense team argued that she was suffering from severe postpartum depression and psychosis, which led her to believe that she needed to kill her children to save them from eternal damnation. After a lengthy trial, Yates was found guilty of murder and sentenced to life in prison.

In the case of Jared Lee Loughner, who shot Congresswoman Gabrielle Giffords and several others in 2011, the defense again relied on an insanity defense. Loughner had a history of mental illness and had exhibited increasingly erratic behavior prior to the shooting. His lawyers argued that he was suffering from schizophrenia and was unable to distinguish right from wrong. Loughner was ultimately found guilty but mentally ill and was sentenced to life in prison.

These cases illustrate the complexities of the insanity defense and the importance of proving mental incapacity in criminal court. While it is a difficult defense to prove, it can sometimes be the key to a defendant's acquittal or the mitigation of their sentence.

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5. How to prove mental incapacity in criminal cases

Proving mental incapacity in criminal cases can be a challenging task, as it requires a thorough understanding of psychological and psychiatric assessments. To prove this defense, the defendant must provide evidence that they were not in their right state of mind at the time the crime was committed.

One way to do this is through a psychiatric evaluation. This evaluation is conducted by a licensed mental health professional, such as a psychiatrist or psychologist. The evaluation consists of an interview with the defendant and a review of their medical history, as well as any relevant police reports or witness statements. The evaluator will then provide a detailed report on the defendant's mental state and whether or not they were capable of understanding the consequences of their actions at the time of the crime.

Another way to prove mental incapacity is through the testimony of expert witnesses. These witnesses can include psychiatrists, psychologists, or other mental health professionals who have expertise in the specific mental illness or disorder that the defendant is claiming. They can provide testimony regarding the defendant's mental state at the time of the crime and whether or not their condition would have impaired their ability to understand the nature of their actions.

It's also important to note that proving mental incapacity can be difficult, and the burden of proof is on the defendant.

It's up to them to provide sufficient evidence that they were not in their right state of mind at the time of the crime.

This defense can be successful in some cases, but it's important to have experienced legal counsel who can help navigate the complexities of this defense and ensure that the defendant's rights and best interests are protected throughout the legal process.

6. The role of medical experts in the insanity defense

In criminal court, the role of medical experts is crucial when it comes to proving mental incapacity in an insanity defense. Medical experts are professionals who specialize in the study and treatment of mental illnesses.

When building an insanity