Pleading For Insanity In Arizona
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The insanity defense looks to the defendant's mental state at the time the crime was committed, not at the time of the trial. The bar for this defense is very difficult to meet, as many conditions must be met to put on a successful insanity defense. The defense has the burden of proving insanity.
In the trial, the burden is on the defendant to prove by a preponderance of the evidence that he or she was legally insane at time of the crime. Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act.
Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
Most courts have held that diagnoses such as schizophrenia, major depressive disorder, and bipolar disorder qualify as a mental disease for the purpose of insanity. Diagnoses such as personality disorders, paraphilias, and voluntary substance intoxication do not usually qualify.
An insanity defense means that a defendant is not guilty of the crime because they didn't have the mental capacity required to commit a crime. If you are found not guilty by reason of insanity you could still be committed to a psychiatric institution.
The Insanity Defense in Practice Despite public fears, defendants do not abuse the insanity defense. In felony cases, the defense is invoked less than 1% of the time, and even when it is employed, it is only successful 25% of the time.
1.14 The defendant bears the burden of proving on the balance of probabilities that he is insane within that test. 1.15 If the test is met, the defendant is entitled to what is known as the “special verdict”, that is he or she is found “not guilty by reason of insanity”.
Under 18 U.S.C. § 17(b), the burden has been shifted to the defendant to prove the defense of insanity by clear and convincing evidence.
In the United States, a criminal defendant may plead insanity in federal court, and in the state courts of every state except for Idaho, Kansas, Montana, and Utah.
Using Oregon's program as a model, Arizona established its Psychiatric Security Review Board (AzPSRB) in 1993. Then, in 2007, the legislature modified the 1993 statute and changed Arizona's insanity defense into a verdict that allows some offenders to be transferred to prison.
