How Courts Determine ‘Legal Insanity’?

When the public hears the term “legal insanity,” it often thinks that someone charged with a heinous offense will “get away with it.” However, that is far from true. In reality, courts treat the defense strategy of legal insanity with utmost care and establish strict guidelines to prevent its misuse.

It is not an excuse to let the defendant get away without reparations, but an effective tool to ensure accountability and maintain justice and fairness throughout a trial proceeding. This, in turn, ensures that the defendant is getting a fair trial. This strategy is about understanding an individual’s mental health’s severity and how their mental illness rendered them unable to comprehend their actions at the time of the offense.

It is important to note that a mental health defense may result in lighter sentencing, reduced charges, or sometimes, even complete acquittal. Depending on the severity of the crime and the case, the judge or the district attorney may order the individual to a lesser prison sentence, or may issue a court order for them to receive complete treatment in a forensic mental health inpatient unit.

What Does “Legal Insanity” Mean?

Legal insanity does not generalize a mental illness; it focuses on a key question:

“Did the person understand their actions and know right from wrong at the time of the crime?”

If an individual’s mental illness is debilitating to the extent that it clouds their judgment of right and wrong, and they are unable to comprehend the consequences of their actions, the courts may deem them legally insane. Some mental illnesses are qualified to be used in court for an insanity defense:

• Schizophrenia with Psychosis
• Manic Episodes with Psychosis
• Postpartum Psychosis
• Acute Delirium
• Moderate to Severe Dementia
• Proven Seizures (e.g., temporal lobe epilepsy)
• Medication-Induced Psychosis
• Moderate to Severe Neurocognitive Disorders
• Brain Tumor or Abscess

Courts require evidence such as psychiatric evaluations, medical records, and expert testimony to prove that the mental illness directly affected the person’s judgment at the time of the crime.

This defense aims not to punish someone who could not tell right from wrong in the same way as someone who acted with clear intent.

Insanity Defense vs. Not Guilty by Reason of Insanity

Courts usually look at legal insanity in two main ways:

Insanity Defense

When an individual who suffers from a mental illness commits a crime, they have the option of an insanity defense, which allows the court to show that even though they committed the crime, they did not understand or fully comprehend their actions at the time of the offense. Therefore, their mental illness should be considered a mitigating factor at the time of sentencing.

Using an insanity defense does not mean being fully acquitted of the charges; it simply means that the individual, considering their mental illness, should get a lighter sentence or a different punishment. The insanity defense allows the individual to receive a much lighter sentence- they are either ordered to receive treatment in a mental health facility, or ordered to serve some jail time.

Primarily, an insanity defense is used to argue that the mental illness of an individual rendered them unable to comprehend their actions at the time of the offense, thereby deserving a different approach for their sentencing.

Not Guilty by Reason of Insanity (NGRI)

A ‘Not Guilty by Reason of Insanity’ plea is filed by the defendant’s attorney claiming that the defendant should not be found guilty of the crime in question, because they were not able to comprehend their actions at the time of the offense.

The ‘Not Guilty by Reason of Insanity’ plea is typically entered at the beginning of the court proceeding. This indicates to the judge or the district attorney that the defendant would rely on their mental illness as a defense moving forward.

While the attorney of the defendant could easily file the ‘Not Guilty by Reason of Insanity’ plea, it requires a history of medical documents, past psychiatric history of the defendant, and a complete psychiatric evaluation of the defendant done by a Board Certified Psychiatrist, to actually prove that they were influenced by their mental illness at the time of the offense. Therefore, proving this plea requires effort and a history of mental illness.

How to Prepare for Insanity Defense?

To prepare for an insanity defense, the defendant has to retain a Board-Certified Psychiatrist to get an independent mental health evaluation done.

The defendant has to gather the following documents and submit them to the Board-Certified Psychiatrist conducting the evaluation:

• Medical Records: Prepare the documentation of recorded psychiatric history, hospitalizations, diagnoses, and prior treatments.
• Police Reports: Previous history of criminal offense(s), police reports, court orders, or even a criminal chargesheet.
• Collateral Information: Include therapist letters, family reports, and character references that support the history of mental illness.
• Proof Against Malingering: Ensure that the forensic evaluation demonstrates authenticity and does not show signs of malingering.
• Consult Your Attorney: Discussing the course of action with your attorney is always the best way to go.
• Enter the Plea Early: The NGRI plea should be filed at the beginning of proceedings.
• State Laws Matter: Each jurisdiction sets different standards for insanity defenses and release conditions.

Treatment over Objection

Treatment over Objection is a term often used in the case of ‘Not Guilty by Reason of Insanity’ when a defendant refuses to seek treatment. The judge or the district attorney issues a court order to the defendant, mandating them to comply with the treatment process.

The treatment usually consists of psychiatric medication and hospitalization. The defendant is expected to comply with the conditions and receive treatment as noted in the court order.

The defendant’s hospitalization term is indefinite. It is up to the court to decide when they would be eligible to be released. When the judge or the district attorney sees that the defendant is no longer a danger to themselves or others, or poses no threat to anyone, that is when they might make a decision to release them.

The courts consider the following factors for issuing a treatment over objection order:

• State the defendant is from- Laws differ from state to state, hence the courts take the rules and regulations into consideration.
• Severity of the crime- The more severe the crime, the more the courts weigh toward granting treatment, including psychiatric medication and hospitalization.
• The court order varies case by case- The verdict depends on individual circumstances and psychiatric conditions.
• Judge’s or district attorney’s view- Their view on whether the defendant poses a risk to themselves or those around them.

What Happens After a Legal Insanity Ruling?

If a person is found legally insane, they are usually sent to a forensic mental health inpatient unit instead of prison. Their term is often indefinite; that means that their release depends on medical progress and court approval, which is not a fixed sentence.

Why Legal Insanity Matters?

The insanity defense is crucial to safeguard an individual’s rights. This defense ensures that a defendant with a debilitating mental illness gets a fair trial and their side of the story is heard.

Since the intent behind an insanity defense is to prove that the defendant was not able to understand their actions and the consequences of the aftermath because of their mental illness, they should not be convicted in the same manner as a defendant who was:

Fully capable of distinguishing right from wrong,

• Mentally stable
• Acting with intent.

The insanity defense protects those with mental illnesses as they are either convicted with a lighter sentence or, if fully acquitted, admitted to a forensic mental health inpatient unit with treatment over objection. If the defendant is ordered to be admitted to a forensic mental health inpatient unit, this ensures that they are receiving the treatment they require, which would work in their favor if they prove to the courts that they are complying with the court order.