Using Insanity as a Legal Defense in Criminal Trials
by
Randy Collins on May. 12, 2012
Criminal Criminal Felony Criminal Misdemeanor
Summary: Pleading not guilty by reason of insanity is a rigorous defense strategy, that the defendant will have to prove as an affirmative defense. Someone deemed as legally insane after committing a crime will be installed in a mental facility, rather than in a prison.
The M’Naghtin Rule is a legal defense in which a defendant will plead insanity as the reason for committing the crime.
History of the M’Naghtin Rule
The rule was named after Daniel M’Naghtin in 1843, after a murder was committed, in which lawyers successfully defended their client with the argument that he was mentally impaired during the time of the crime. Following this case, the rule has gained widespread popularity, mainly because of its credibility.
The rule establishes that:
- The accused is lawfully insane or mentally impaired
- The accused is unable to determine right from wrong
- The accused, as a result of their inability to decipher right from wrong, will not understand that the criminal activity was illegal or harmful to others
At this point, you may be wondering what standards are available to really know if a person is legally insane. That’s where the M’Naughtin test comes in. The defendant will essentially have to provide the court with a burden of proof that due to their mental state at the time, they were unable to think clearly about their conduct.
Benefits of the M’Naghtin Rule:
Someone deemed as legally insane after committing a crime will be installed in a mental facility, rather than in a prison.
There are similar tests regarding insanity and these include:
· The American Law Institute Test
· Proposition 8 or California Penal Code 25
Pleading not guilty by reason of insanity is a rigorous defense strategy, that the defendant will have to prove as an affirmative defense. If you know someone who has committed a crime, like a friend or family who is mentally impaired, hiring an criminal defense lawyer can help prove your case.
More Information About Pleading Not Guilty By Reason of Insanity:
When a defendant becomes institutionalized, after the court receives a sufficient burden of proof for insanity: the court will order the defendant to a mental facility for a certain length of time.
In addition, a psychiatrist will have to prove that the defendant has been rehabilitated and has undergone all treatments before approving a release of the patient.