THE DEFENSE OF INSANITY

what is insanity?

• affirmative defense
• excuse for criminal liabilty
• defendant is not responsible because of a mental disease/defect

COMMON MisCONCEPTIONS

• Defendants who are found not guilty by reason of insanity are "free."
• The insanity defense is overused.
• Insanity can only be used as a defense for murder.

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Defense pleas made

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THE TESTS OF INSANITY

mcnaugthan rule

• AKA Right-Wrong Test
• focuses on reason- capacity to tell right from wrong
• defendant suffered a defect of reason bc of a mental illness, so she did not know (a) what she was dong or (b) that the act was wrong

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Irresistible impulse test

• used in few jurisdictions
• a person knows what they are doing is wrong, but his mental defect stops him from being able to resist

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Durham rule

• acts that are the products of a mental defect excuse criminal liability
• today- only used in New Hampshire

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Mpc test

• Model Penal Code test
• substantial capacity
• emphasizes both qualities of insanity: reason & will
• uses all other 3 tests (sort of combined) but changes the meanings of some things

Who has the burden of proof?

It varies.
Each state has a different system as to who has the burden of proof and what t is.
If the burden of proof is on the defense, then they must offer evidence to prove that the defendant is insane.
If the burden of proof is on the prosecution, they have to show evidence that the defendant is sane.
Each state also chooses the level of proof for insanity/sanity (i.e. by a preponderance of the evidence, beyond a reasonable doubt, etc.)

JAMES HOLMES TRIAL

On July 20, 2012, James Holmes had entered a movie theater in Aurora, Colorado. He paid for a ticket to see The Dark Night Rises. He left midway during the movie and came back 20 minutes later, this time wearing a combat helmet, bulletproof clothing, and a load-bearing vest. He threw two gas canisters in the theater fired shots with two guns at the audience. Twelve people died, and 358 others where injured. He has been charged with 160 counts, including first-degree murder. He has entered a plea he was not guilty by reason of insanity, saying that he did those acts, but he was not responsible for them because of a mental illness. The trial is in session now, and the prosecution will have to prove sanity beyond a reasonable doubt.

For Holmes's case, the burden of proof is on the state, and they must prove sanity beyond a reasonable doubt. Colorado's test for insanity combines elements of the McNaughtan Rule with elements of the Irresistible Impulse test.

The defense will have a hard time offering evidence that Holmes really is insane. Because the jury is deciding the case, and not a judge, they will most likely look at the case with "sympathy" for the casualties, rather than view it from a legal standpoint.

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