What happens if you’re considering pleading insanity in the midst of your criminal case? How does one do this? You plead insanity when you admit that you committed a criminal act but you want to excuse your behavior by reason of mental illness. This defense has been around for many centuries. There are two tests that help you determine if somebody was legally insane at the time of the incident:
M’Naghten Test: This test can determine if you were mentally insane at the time of the crime by showing if you could tell the difference between right and wrong. If you lacked the capacity to appreciate your actions and how they tied into your criminal act, then you might be able to plead insanity in this way.
Irresistable Impulse Test: This shows that you were mentally insane at the time if your mental disorder prevents you from resisting the commission of an illegal act.
Is it a Get Out of Jail Free Card?
So, if you meet the requirements and you can legally plead insane, does this mean that you will get out of jail for free? The answer is ‘no.’ If you are found not guilty by reason of insanity, you will probably not be set free. You will almost always be sent to a mental health institution for any amount of time. In fact, you might be sentenced to more time in an institution than you would have received in prison. You might have to then convince a judge that you are no longer legally insane and show progress before you are released.
We want to stand by your side if you have been charged or convicted of a crime. If you are going through the trial process and you believe that you were mentally insane at the time, you have rights and we will stand by your side. Call us for more information today at the Law Office of Peter Blair.