This form is a sample letter in Word format covering the subject matter of the title of the form.
Pleading For Insanity In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-0018LTR
Format:
Word;
Rich Text
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FAQ
Insanity defense also protects the mentally ill, who may not fully understand the nature of their crime, from being forced into a prison system where they will not receive proper treatment.
Moreover, even when the defense is asserted, it is successful in only about 30 cases every year. Defendants found not guilty by reason of insanity are not simply released.
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.
How does an insanity plea affect sentencing? If you successfully plead the insanity defense, then you will not receive the normal jail/prison sentence for your crime. Instead, you will be committed to a state mental hospital.
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.
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.
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.
The Criminal Defense of Insanity In reality, however, various criminal studies have established that only about one percent of all felony cases in the United States involve use of the insanity defense. Moreover, even when the defense is asserted, it is successful in only about 30 cases every year.
The four tests for insanity are the M'Naghten test, the irresistible-impulse test, the Durham rule, and the Model Penal Code test. These tests expressly exclude the "sociopathic" or "psychopathic" criminals who have a tendency to commit antisocial and sometimes violent acts and are incapable of experiencing guilt.
