-In California, the legal standard for the insanity
defense is what we call the M'Naghten test.
The M'Naghten test says that somebody was insane at the
time of the crime if he did not understand the nature of
his actions, and he could not tell the difference between
right and wrong.
Now this is a very difficult legal standard to meet
because, for example, if the person fled the scene of the
crime, tried to cover his tracks, took evasive action.
All of that would be considered evidence that he
understood the difference between right and wrong or
knew what he was doing was wrong.
But logistically, in an insanity defense case, the way
it works is we would enter a dual plea, a plea of not
guilty and a second plea of not guilty
by reason of insanity.
And if the case went to trial, the jury would first have to
determine whether the client was guilty of the crime,
whether he actually committed the crime.
If the jury finds that he didn't commit the crime, then
the case is dismissed from there.
But if the jury finds he did commit the crime, that he was
guilty, then the case moves on to what we
call a sanity hearing.
And the court has to determine whether the person was sane or
insane at the time the crime.
If the court determines that he was insane, if that defense
is successful, then instead of going to prison, the person
would be committed to a mental facility until such time as he
regained his sanity.
Now the other way this can work is sometimes we would
simply enter one plea of not guilty by reason of insanity.
And that might be in a situation where it was totally
clear and obvious that the person committed the crime but
clearly had mental defects.
And if we enter one plea of not guilty by reason of
insanity, that means we're essentially conceding that he
committed the crime, but we're saying he was insane.
And therefore, he shouldn't be found guilty because of his
mental state.
And again, that would be something for
the court to determine.
And if the court found he was insane, then he would go to a
mental institution instead of prison.
Now, one question people ask is, if a person is found
legally insane or found not guilty by reason of insanity,
and they're committed to an institution, will
they ever get out?
And the answer is that, first of all, if they serve the
maximum sentence.
So let's say the crime is only assault with a deadly weapon,
and it has a four year maximum sentence.
Then after four years of being held in the institution, most
likely they would be released because they've served the
maximum sentence.
But in murder cases or situations where it's a very
long potential sentence or life, a life sentence in some
cases, then ultimately it would be for the doctors and
for a judge to determine if the person
had regained sanity.
But rarely in very serious cases does a person ever get
released from the institution.
I'm former prosecutor, now criminal defense
attorney Neil Shouse.
If you have a loved one who is accused of a crime but has
mental health issues and the insanity defense may be
applicable, we invite you to contact us here
at Shouse Law Group.
Let's look at the case together.
Let's see what we can do to get the
charges reduced or dismissed.