{"id":1248,"date":"2017-09-27T17:43:21","date_gmt":"2017-09-27T17:43:21","guid":{"rendered":"https:\/\/courses.lumenlearning.com\/suny-fmcc-criminallaw\/?post_type=chapter&p=1248"},"modified":"2019-01-19T19:24:54","modified_gmt":"2019-01-19T19:24:54","slug":"7-1-the-insanity-defense","status":"publish","type":"chapter","link":"https:\/\/courses.lumenlearning.com\/suny-sccc-criminallaw\/chapter\/7-1-the-insanity-defense\/","title":{"raw":"7.1 The Insanity Defense","rendered":"7.1 The Insanity Defense"},"content":{"raw":" \r\n
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The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge\u2026<\/em><\/p>\r\n

\u00a0\u00a0\u00a0--Or. Rev. Stat. \u00a7\u00a0161.125(1)<\/a>, cited in Section 7.2.2 \"Intoxication\"<\/a><\/p>\r\n\r\n<\/div>\r\n

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Learning Objectives<\/h3>\r\n
    \r\n \t
  1. Identify four states that do not recognize an insanity defense.<\/li>\r\n \t
  2. Identify four versions of the insanity defense.<\/li>\r\n \t
  3. Ascertain the two elements required for the M\u2019Naghten insanity defense.<\/li>\r\n \t
  4. Ascertain the two elements required for the irresistible impulse insanity defense.<\/li>\r\n \t
  5. Compare the M\u2019Naghten, irresistible impulse, and substantial capacity tests.<\/li>\r\n \t
  6. Ascertain the basis of the Durham insanity defense.<\/li>\r\n \t
  7. Identify the various burdens of proof for the insanity defense.<\/li>\r\n \t
  8. Distinguish between diminished capacity and the insanity defense.<\/li>\r\n \t
  9. Compare the insanity defense with mental competence to stand trial.<\/li>\r\n \t
  10. Compare the insanity defense with the guilty but mentally ill verdict.<\/li>\r\n \t
  11. Compare different commitment procedures for an insane criminal defendant.<\/li>\r\n \t
  12. Distinguish temporary from permanent insanity.<\/li>\r\n<\/ol>\r\n<\/div>\r\n

    With the exception of alibi and the expiration of the statute of limitations, Chapter 6 \"Criminal Defenses, Part 1\"<\/a> explored criminal defenses based on justification<\/strong>. This chapter reviews criminal defenses based on excuse<\/strong>, including the insanity defense<\/a><\/span>. Remember that defenses based on excuse focus on the defendant<\/em> and claim that the defendant should be excused from criminal responsibility for his or her conduct under the circumstances.<\/p>\r\n

    Although controversial, most states and the federal government recognize an insanity defense<\/strong> (18 U.S.C., 2010). Montana, Utah, Kansas, and Idaho are the only states that do not (Findlaw.com, 2010). The insanity defense is the subject of much debate because it excuses even the most evil and abhorrent conduct, and in many jurisdictions, legal insanity functions as a perfect defense resulting in acquittal<\/em>. However, the insanity defense is rarely used and hardly ever successful. This is generally because of the difficulty in proving legal<\/em> insanity.<\/p>\r\n

    Many criminal defendants suffer from mental illness and can produce evidence of this illness such as psychiatric or layperson testimony. Often, mental disturbance is apparent from the defendant\u2019s conduct under the circumstances. However, legal insanity differs from medical<\/em> insanity and is generally much more difficult to establish. The rationale behind creating a different standard for legal insanity is the goal of a criminal prosecution discussed in Chapter 1 \"Introduction to Criminal Law\"<\/a>. Criminal prosecution should deter as well as incapacitate. While the purpose of a medical diagnosis is to eventually cure<\/em> the defendant\u2019s disorder, the purpose of criminal law is to punish<\/em> the defendant. Thus the defendant\u2019s conduct is not excused if the defendant or society can benefit from punishment.<\/p>\r\n

    The policy supporting the insanity defense is twofold. First, an insane defendant does not have control<\/em> over his or her conduct. This is similar to a defendant who is hypnotized, or sleepwalking. Second, an insane defendant does not have the ability to form criminal intent<\/em>. Without the ability to control conduct, or the understanding that conduct is evil or wrong by society\u2019s standards, an insane defendant presumably will commit crimes again and again. Thus no deterrent effect is served by punishment, and treatment for the mental defect is the appropriate remedy.<\/p>\r\n

    Four variations of the insanity defense currently exist: M\u2019Naghten, irresistible impulse, substantial capacity, and Durham.<\/p>\r\n\r\n

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    M\u2019Naghten Insanity Defense<\/h2>\r\n

    The M\u2019Naghten insanity defense<\/a><\/span>, also called the right-wrong test<\/strong>, is the most common insanity defense in the United States. It is also the oldest and was created in England in 1843. The defense is named after Daniel M\u2019Naghten. M\u2019Naghten was under the paranoid delusion that the Prime Minister of England, Sir Robert Peel, was trying to kill him. When he tried to shoot Sir Peel from behind, he inadvertently shot Sir Peel\u2019s Secretary, Edward Drummond, who thereafter died. M\u2019Naghten was put on trial for murder and, to the shock of the nation, the jury found him not guilty by reason of insanity (Queen v. M'Naghten, 2010). After a public outcry at this verdict, the British House of Lords developed a test for insanity that remains relatively intact today.<\/p>\r\n

    The M\u2019Naghten insanity defense is cognitive<\/em> and focuses on the defendant\u2019s awareness, rather than the ability to control<\/em> conduct. The defense requires two elements. First, the defendant must be suffering from a mental defect<\/em> at the time he or she commits the criminal act. The mental defect can be called a \u201cdefect of reason\u201d or a \u201cdisease of the mind,\u201d depending on the jurisdiction (Iowa Code, 2010). Second, the trier of fact must find that because of the mental defect, the defendant did not know either the nature and quality<\/em> of the criminal act or that the act was wrong<\/em>.<\/p>\r\n

    The terms \u201cdefect of reason\u201d and \u201cdisease of the mind\u201d can be defined in different ways, but in general, the defendant must be cognitively impaired to the level of not knowing the nature and quality of the criminal act, or that the act is wrong. Some common examples of mental defects and diseases are psychosis, schizophrenia, and paranoia.<\/p>\r\n

    Jurisdictions vary as to the level of awareness the defendant must possess. Some jurisdictions use the term \u201cknow,\u201d or \u201cunderstand,\u201d (Cal. Penal Code, 2010) while others use the term \u201cappreciate\u201d (Ala. Code, 2010). If know or understand is the standard, the trier of fact must ascertain a basic level of awareness under the attendant circumstances. If appreciate is the standard, the trier of fact must analyze the defendant\u2019s emotional state, and evidence of the defendant\u2019s character or personality may be relevant and admissible.<\/p>\r\n

    A defendant does not know the nature and quality of a criminal act if the defendant is completely oblivious to what he or she is doing. This is quite rare, so most defendants claiming insanity choose to assert that they did not know their act was wrong<\/em>. However, jurisdictions differ as to the meaning of \u201cwrong.\u201d Some jurisdictions define wrong as \u201clegally wrong,\u201d meaning the defendant must be unaware that the act is against the law (State v. Crenshaw, 2010). Others define wrong as \u201clegally and morally<\/em> wrong,\u201d meaning the defendant must also be unaware that the act is condemned by society (State v. Skaggs, 2010). Generally, the only instance where the defendant must be \u201cmorally wrong,\u201d standing alone, is when the defendant claims that the conduct was performed at the command of God, which is called the deific defense<\/a><\/span> (State v. Worlock, 2010). Whether the standard is legally wrong or morally wrong, if there is any evidence of a cover-up or an attempt to hide or escape, it is apparent that the defendant knew the difference between right and wrong, defeating the claim of insanity under M\u2019Naghten.<\/p>\r\n\r\n

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    Example of a Case Inappropriate for the M\u2019Naghten Insanity Defense<\/h2>\r\n

    Susan wants to marry a single man, but he does not want the responsibility of caring for her children. Susan decides to kill her children. She drives her two sons, aged three and five, out to the lake. She puts the car in park, gets out, and then puts it in gear, watching as it drives into the water. Both of her sons drown. Later that day, Susan files a police report stating that a stranger kidnapped her children at gunpoint. While searching the area for the kidnapper, the police discover the children\u2019s bodies and evidence indicating that Susan killed them.<\/p>\r\n

    Susan recants her kidnapping story and admits she killed her children. However, she claims she is not guilty by reason of insanity. Susan\u2019s claim will probably not be successful if she killed her children in a jurisdiction that recognizes the M\u2019Naghten insanity defense. Susan tried to mislead the police, demonstrating her awareness that she had done something wrong. Thus although Susan\u2019s behavior appears mentally imbalanced, she clearly knew the difference<\/em> between right and wrong, and her conduct is not excusable under M\u2019Naghten\u2019s rigid requirements.<\/p>\r\n\r\n<\/div>\r\n

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    Example of a Case Appropriate for the M\u2019Naghten Insanity Defense<\/h2>\r\n

    Andrea, a diagnosed schizophrenic, drowns five of her young children in the bathtub. Andrea promptly phones 911 and tells the operator that her children are dead. The operator dispatches an emergency call to law enforcement. When law enforcement officers arrive at Andrea\u2019s house, she informs them that she killed her children so that they could leave this earth and enter heaven.<\/p>\r\n

    Andrea thereafter claims she is not guilty for killing her children by reason of insanity. Andrea could be successful if the jurisdiction in which she killed her children recognizes the M\u2019Naghten insanity defense. Andrea suffers from a mental defect<\/strong>, schizophrenia. In addition, there is no<\/em> evidence indicating Andrea knew her conduct was wrong<\/strong>, such as an attempted escape, or cover-up. In fact, Andrea herself contacted law enforcement and immediately told them about her criminal acts. Thus both of the M\u2019Naghten elements appear to be present, and Andrea\u2019s conduct may be excusable under the circumstances.<\/p>\r\n\r\n

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    Figure 7.1<\/span> M\u2019Naghten Insanity Defense<\/p>\r\n\"M'Naghten<\/a>\r\n\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n

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    Irresistible Impulse Insanity Defense<\/h2>\r\n

    Another variation of the insanity defense is the irresistible impulse defense<\/a><\/span>. This defense has lost popularity over the years and is rejected by most of the states and the federal government (18 U.S.C., 2010). In some cases, the irresistible impulse insanity defense is easier<\/em> to prove than the M\u2019Naghten insanity defense, resulting in the acquittal of more mentally disturbed defendants.<\/p>\r\n

    The irresistible impulse insanity defense generally supplements M\u2019Naghten, so the focus is on the defendant\u2019s awareness (cognitive) and<\/em> the defendant\u2019s will (ability to control conduct). In jurisdictions that recognize the irresistible impulse insanity defense, the first element is the same as M\u2019Naghten; the defendant must suffer from a mental defect or disease of the mind. However, the second element adds the concept of volition<\/strong>, or free choice. If the defendant cannot control his or her conduct because of the mental defect or disease, the defendant\u2019s conduct is excused even if the defendant understands that the conduct is wrong (State v. White, 2010). This is a softer stance than M\u2019Naghten, which does not<\/em> exonerate a defendant who is aware conduct is wrong. The challenge for the trier of fact in an irresistible impulse jurisdiction is distinguishing between conduct that can be controlled<\/em> and conduct that cannot.<\/p>\r\n\r\n

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    Example of a Case Inappropriate for the Irresistible Impulse Insanity Defense<\/h2>\r\n

    Jolene, who has been diagnosed with paranoia, decides she must cut off all her sorority sisters\u2019 hair because they are \u201cout to get her.\u201d She drives to the sorority house with a Taser and scissors in her backpack. Her plan is to subdue each sister with the stun gun and then hack off her hair. As she arrives at the house, she sees Agnes, one of her sorority sisters, trip and fall in the parking lot, ripping her cashmere sweater and scraping her chin. Feeling a stab of pity, Jolene ignores Agnes and walks hurriedly toward the building. As she enters, Ashley, another sorority sister, turns, scowls at Jolene, and barks, \u201cWhat in the world are you wearing? You look like you just rolled out of bed!\u201d Jolene pulls the stun gun out of her backpack and shoots Ashley. While Ashley is lying on the floor, Jolene takes out the scissors and cuts Ashley\u2019s hair off at the scalp.<\/p>\r\n

    Jolene claims she is not guilty for assault and battery of Ashley by reason of insanity. If Jolene attacked Ashley in a jurisdiction that recognizes the irresistible impulse insanity defense, she probably will not be successful with her claim. Jolene has been diagnosed with paranoia<\/strong>, which is a mental defect or disease. However, Jolene seems aware that shooting someone with a stun gun and cutting off her hair is wrong<\/em> because she spared Agnes based on pity. In addition, Jolene\u2019s choice not to attack Agnes indicates she has control<\/em> over her conduct. Thus Jolene is cognitive<\/strong> of the difference between right and wrong and has the will<\/strong> to suppress criminal behavior, defeating any claim of insanity under the irresistible impulse insanity defense.<\/p>\r\n\r\n

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    Figure 7.2<\/span> Irresistible Impulse Insanity Defense<\/p>\r\n\"Irresistible<\/a>\r\n\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n

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    The Substantial Capacity Test<\/h2>\r\n

    The substantial capacity test<\/a><\/span> is the insanity defense created by the Model Penal Code. The Model Penal Code was completed in 1962. By 1980, approximately half of the states and the federal government adopted the substantial capacity test (also called the Model Penal Code<\/strong> or ALI defense<\/strong>) (Rolf, C. A., 2010). However, in 1982, John Hinckley successfully claimed insanity using the substantial capacity test in his federal trial for the attempted murder of then-President Ronald Reagan. Public indignation at this not-guilty verdict caused many states and the federal government to switch<\/em> from the substantial capacity test to the more inflexible M\u2019Naghten standard (18 U.S.C., 2010). In addition, jurisdictions that switched to M\u2019Naghten also shifted the burden of proving insanity to the defendant<\/em> (Rolf, C. A., 2010). The defendant\u2019s burden of proof for the insanity defense is discussed shortly.<\/p>\r\n

    The substantial capacity test is as follows: \u201cA person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law\u201d (Model Penal Code \u00a7\u00a04.01(1)). The defense has two elements. The first element requires the defendant to have a mental disease or defect, like the M\u2019Naghten and irresistible impulse insanity defenses. The second element combines the cognitive<\/strong> standard with volitional<\/strong>, like the irresistible impulse insanity defense supplementing the M\u2019Naghten insanity defense.<\/p>\r\n

    In general, it is easier to establish insanity under the substantial capacity test because both the cognitive and volitional requirements are scaled down to more flexible standards. Unlike the M\u2019Naghten insanity defense, the substantial capacity test relaxes the requirement for complete inability to understand or know the difference between right and wrong. Instead, the defendant must lack substantial<\/em>, not total, capacity. The \u201cwrong\u201d in the substantial capacity test is \u201ccriminality,\u201d which is a legal<\/em> rather than moral wrong. In addition, unlike the irresistible impulse insanity defense, the defendant must lack substantial<\/em>, not total, ability to conform conduct to the requirements of the law. Another difference in the substantial capacity test is the use of the word \u201cappreciate\u201d rather than \u201cknow.\u201d As stated previously, appreciate incorporates an emotional quality, which means that evidence of the defendant\u2019s character or personality is relevant and most likely admissible to support the defense.<\/p>\r\n\r\n

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    Example of the Substantial Capacity Test<\/h2>\r\n

    Loreen has been diagnosed with psychosis and spent most of her life in a mental hospital. While at the mental hospital, Loreen made friends with many of the patients and health-care personnel. From time to time, Loreen would play jokes on these friends. Most of these \u201cjokes\u201d consisted of putting her antidepressants into their food. Loreen was always reprimanded and often sternly punished for these escapades. After her release from the mental hospital at age twenty-one, Loreen falls in love with Aidan, a man who works in a bookstore near her apartment. Loreen decides to make Aidan fall in love with her by feeding him a magic potion, which she concocts out of a mixture of her antidepressants. Loreen buys a book from Aidan and casually asks if he would like her to buy him a coffee. Aidan shrugs and says, \u201cSure, but I don\u2019t have a break for another two hours.\u201d Loreen offers to bring him the coffee. Before bringing the drink to Aidan, she puts her \u201cmagic potion\u201d in it. While Aidan is sipping the coffee, Loreen declares her love for him. She then states, \u201cI know I shouldn\u2019t have, but I put a love potion in your coffee. I hope it doesn\u2019t hurt you.\u201d Aidan becomes seriously ill after drinking the coffee and is hospitalized.<\/p>\r\n

    Loreen claims she is not guilty for battering Aidan by reason of insanity. If Loreen is in a jurisdiction that recognizes the substantial capacity test, she may be successful with her claim. Loreen has a mental disease or defect, psychosis<\/strong>. Loreen\u2019s statement to Aidan indicates that she lacks the substantial<\/em> capacity to appreciate the criminality of her conduct. Note that if Loreen were in a M\u2019Naghten jurisdiction, her statement \u201cI know I shouldn\u2019t have\u201d could prove her awareness that her conduct was wrong<\/em>, defeating her claim. In addition, Loreen\u2019s behavior at the mental hospital indicates that she lacks the substantial capacity to conform or control her conduct. Even after a lifetime of being punished over and over for mixing her meds together and putting them in other people\u2019s food or drink, Loreen still does it. Lastly, in a substantial capacity jurisdiction, testimony from Loreen\u2019s friends at the mental hospital may be admissible to support her claim of insanity, and her lack of ability to \u201cappreciate\u201d the criminality of her conduct.<\/p>\r\n\r\n

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    Figure 7.3<\/span> Substantial Capacity Insanity Defense<\/p>\r\n \"Substantial<\/a>\r\n\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n

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    The Durham Insanity Defense<\/h2>\r\n

    The Durham insanity defense<\/a><\/span> is used only in New Hampshire and has been the established insanity defense in New Hampshire since the late 1800s. The Durham defense, also called the Durham rule<\/strong> or the product test<\/strong>, was adopted by the Circuit Court of Appeals for the District of Columbia in the case of Durham v. U.S.<\/em><\/a>, 214 F.2d 862 (1954). The defense set forth in that case is as follows: \u201c[A]n accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect\u201d (Durham v. U.S., 2010). However, the court failed to give definitions for product, mental disease, or mental defect. Thus the Durham insanity defense is extremely difficult to apply, and the D.C. Circuit rejected it in 1972 in the case of U.S. v. Brawner<\/em><\/a>, 471 F.2d 969 (1972), which was later superseded by federal statute (18 U.S.C., 2010).<\/p>\r\n

    In general, the Durham insanity defense relies on ordinary principles of proximate causation<\/strong>. The defense has two elements. First, the defendant must have a mental disease or defect. Although these terms are not specifically defined in the Durham<\/em> case, the language of the judicial opinion indicates an attempt to rely more on objective, psychological standards, rather than focusing on the defendant\u2019s subjective cognition. The second element has to do with causation<\/strong>. If the criminal conduct is \u201ccaused\u201d by the mental disease or defect, then the conduct should be excused under the circumstances.<\/p>\r\n\r\n

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    Example of the Durham Insanity Defense<\/h2>\r\n

    Arianna has been diagnosed with paranoia<\/strong>. Most psychiatric experts agree that individuals afflicted with paranoia unreasonably believe that the human population is \u201cout to get them.\u201d Arianna works under the direct supervision of Nora, who has a physical condition called \u201cwalleye.\u201d Nora\u2019s walleye makes it appear that she is looking to the side when she addresses people. Arianna gradually becomes convinced that Nora is communicating secret messages to their coworkers when she is speaking to Arianna. Arianna is genuinely frightened that Nora is telling their coworkers to kill her, and she decides she needs to defend herself. Arianna brings a gun to work one day, and when Nora begins talking to her about her tendency to take overlong lunches, Arianna pulls the gun out of her cubicle and shoots and kills Nora.<\/p>\r\n

    Arianna claims she is not guilty for killing Nora by reason of insanity. If Arianna killed Nora in New Hampshire, she might be successful with her claim. Arianna has a mental disease or defect, paranoia<\/strong>. Arianna can probably produce evidence, such as psychiatric expert testimony, that her paranoia \u201ccaused\u201d or \u201cproduced\u201d her criminal conduct, which was shooting Nora. Thus a trier of fact could acquit Arianna on the grounds that her conduct is excusable under these circumstances.<\/p>\r\n\r\n

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    Figure 7.4<\/span> Durham Insanity Defense<\/p>\r\n\"Durham<\/a>\r\n\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n

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    Proving Insanity<\/h2>\r\n

    There is generally a presumption<\/strong> that criminal defendants are sane<\/em>, just as there is a presumption that they are innocent<\/em>. Therefore, at a minimum, a defendant claiming insanity must produce evidence that rebuts this presumption. Some states require the prosecution to thereafter prove sanity beyond a reasonable doubt or to a preponderance of evidence (Elkins, J.R., and students, 2010).<\/p>\r\n

    Post-Hinckley<\/em>, many states have converted the insanity defense into an affirmative defense. Thus as discussed in Chapter 6 \"Criminal Defenses, Part 1\"<\/a>, the defendant may also have the burden of persuading the trier of fact that he or she is insane to a preponderance of evidence (New Jersey Jury Instruction on Insanity, 2010). The federal government and some other states require the defendant to prove insanity by clear and convincing evidence<\/strong>, which is a higher standard than preponderance of evidence (Tenn. Code Ann., 2010).<\/p>\r\n\r\n<\/div>\r\n

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    Diminished Capacity<\/h2>\r\n

    A claim of diminished capacity<\/a><\/span> differs from the insanity defense. Diminished capacity is an imperfect failure of proof defense<\/strong> recognized in a minority of jurisdictions. Diminished capacity could reduce a first-degree murder charge to second-degree murder or manslaughter if the defendant lacks the mental capacity to form the appropriate criminal intent for first-degree murder<\/strong>.<\/p>\r\n

    In California, diminished capacity was abolished as an affirmative defense after San Francisco Supervisor Dan White used it successfully in his trial for the murder of fellow Supervisor Harvey Milk. A jury convicted White of voluntary manslaughter rather than first-degree premeditated murder after reviewing evidence that proved his diet of junk food (Twinkies) created a chemical imbalance in his brain. In the aftermath of this highly publicized trial, California passed legislation eliminating the diminished capacity defense and limiting the admissibility of evidence of diminished capacity only to sentencing proceedings (Cal. Penal Code, 2010).<\/p>\r\n

    Similar to diminished capacity is the syndrome defense<\/a><\/span>. A syndrome that negates the requisite intent for the crime could function as a failure of proof defense<\/strong> in a minority of jurisdictions. Some common examples of syndromes the American Psychiatric Association recognizes in the Diagnostic and Statistical Manual of Mental Disorders<\/em>, fourth edition (DSM-IV<\/em>), are antisocial personality disorder, posttraumatic stress disorder, and intermittent explosive disorder. Some common examples of syndromes identified but not recognized in DSM-IV<\/em> are battered woman or battered wife syndrome (discussed in Chapter 6 \"Criminal Defenses, Part 1\"<\/a>) and caffeine withdrawal. Although successful use of the syndrome defense is rare, at least one case has excused a defendant\u2019s drunken driving and assault and battery against a police officer because of premenstrual syndrome (PMS) (Baltimore.com, 2011).<\/p>\r\n\r\n<\/div>\r\n

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    Mental Competence to Stand Trial<\/h2>\r\n

    The insanity defense is different from mental competence to stand trial<\/a><\/span>. The insanity defense pertains to the defendant\u2019s mental state when he or she commits the crime. If the insanity defense is successful, it exonerates<\/em> the defendant from guilt. Mental competence to stand trial is analyzed at the time the trial is to take place. If the defendant is mentally incompetent to stand trial, the trial is delayed until the defendant regains competency. Although a detailed discussion of mental competence to stand trial is beyond the scope of this book, in general, a criminal defendant must be able to understand the charges against him or her, and be able to assist in his or her defense. As the Model Penal Code provides, \u201c[n]o person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as such incapacity endures\u201d (Model Penal Code \u00a7\u00a04.04). A defendant who is mentally incompetent at the time of trial is subject to mental health treatment or even involuntary medication until competence is regained.<\/p>\r\n\r\n<\/div>\r\n

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    Guilty but Mentally Ill<\/h2>\r\n

    Post-Hinckley<\/em>, some states adopted the guilty but mentally ill verdict<\/a><\/span>. A defendant who is found guilty but mentally ill<\/strong> is not acquitted<\/em> but punished and treated for mental health simultaneously while in prison. Typically, the guilty but mentally ill verdict is available only when the defendant fails to prove legal insanity, and requires the defendant to prove mental illness at the time of the crime to a preponderance of evidence (725 ILCS, 2010).<\/p>\r\n\r\n

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    Example of Guilty but Mentally Ill<\/h2>\r\n

    Review the example with Jolene in Section 7 \"Example of a Case Inappropriate for the Irresistible Impulse Insanity Defense\"<\/a>. In this example, Jolene has been diagnosed with paranoia, but shows an ability to control and understand the wrongfulness of her conduct, so she probably will not be successful with an irresistible impulse insanity defense. If Jolene is in a state that offers a guilty but mentally ill verdict, Jolene may be an appropriate candidate because she was mentally ill at the time she assaulted and battered her sorority sister. If Jolene is found guilty but mentally ill, she will be treated for her mental health simultaneously while serving any prison sentence.<\/p>\r\n\r\n

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    Figure 7.5<\/span> Effects (Circular Diagram) of Mental Competency Claims<\/p>\r\n\"Effects<\/a>\r\n\r\n<\/div>\r\n

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    Figure 7.6<\/span> Diagram of the Insanity Defense<\/p>\r\n \"Diagram<\/a>\r\n\r\n<\/div>\r\n

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    Hasan Fort Hood Shooting Video<\/h4>\r\n

    Does Hasan Have an Insanity Defense? The Judge Rules!<\/p>\r\n

    In this news story on the legal implications of the Fort Hood shootings, Judge Napolitano discusses the upcoming prosecution of Nidal Hasan and the possibility of an insanity defense (Brown, A. K., 2011).<\/p>\r\n\r\n

    (click to see video)<\/a><\/div>\r\n<\/div>\r\n<\/div>\r\n<\/div>\r\n
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    Disposition of the Legally Insane<\/h2>\r\n

    The not guilty by reason of insanity verdict means that the defendant is absolved from criminal responsibility and devoid of any criminal record for the offense. However, it does not<\/em> mean that the defendant is free to return to society.<\/p>\r\n

    In several states and federally, a defendant who is found not guilty by reason of insanity is automatically committed<\/em> to a treatment facility until there is a determination that mental health has been restored (18 U.S.C., 2010). This is also the Model Penal Code approach. As the Model Penal Code states in \u00a7\u00a04.08(1), \u201c[w]hen a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the Court shall order him to be committed to the custody of the Commissioner of Mental Hygiene [Public Health] to be placed in an appropriate institution for custody, care and treatment.\u201d<\/p>\r\n

    Other states have a hearing on sanity after the judgment or verdict of not guilty by reason of insanity is returned. If the defendant is deemed mentally competent at the hearing, he or she is released<\/em>. If the defendant is found mentally ill at the hearing, he or she is committed<\/em> to the appropriate treatment facility (Ohio Rev. Code Ann., 2010).<\/p>\r\n\r\n<\/div>\r\n

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    Temporary Insanity<\/h2>\r\n

    Many states also recognize temporary insanity<\/a><\/span>, which does not differ in analysis from permanent insanity except for the duration of the mental illness (Malo, A., Barach, M. P., & Levin, J. A., 2010). In a state that recognizes temporary insanity, the elements of the state\u2019s insanity defense, either M\u2019Naghten<\/strong>, irresistible impulse<\/strong>, substantial capacity<\/strong>, or Durham<\/strong>, must be present at the time the crime was committed. If the defendant is found not guilty by reason of insanity for the criminal offense, but regains mental competence at the time of prosecution, the defendant is released<\/em> after the verdict is rendered. The trial court will order release based on the commitment procedure discussed in Section 7.1.9 \"Disposition of the Legally Insane\"<\/a>.<\/p>\r\n\r\n

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    Example of Temporary Insanity<\/h2>\r\n

    In Virginia in 1994, Lorena Bobbitt was tried for the crime of slicing off her husband\u2019s penis. Bobbitt pleaded not guilty to malicious wounding by reason of insanity. Bobbitt successfully established the irresistible impulse insanity defense<\/strong> by presenting evidence of years of spousal abuse, a forced abortion, and rape on the night of the incident (Bell, R., 2010; law.jrank.org, 2010). After the jury returned the verdict of not guilty by reason of insanity, Bobbitt was evaluated, deemed mentally competent, and released (Bell, R., 2010).<\/p>\r\n\r\n

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    Lorena Bobbitt Trial Video<\/h4>\r\n

    Lorena Bobbitt Trial, Day One<\/p>\r\n

    This news story discusses the first day of the Lorena Bobbitt trial (Simon, R., 2011).<\/p>\r\n\r\n

    (click to see video)<\/a><\/div>\r\n<\/div>\r\n
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    Key Takeaways<\/h3>\r\n