Having a loved one charged with a crime and seeing him go through the criminal justice process can be overwhelming. Not only is the whole ordeal humiliating for the defendant, but it also is a trying time for you as you try to help your friend or family member get through this difficult situation.
If you’re in New York, choosing a good Bronx criminal lawyer may be all you need to do. An experienced criminal lawyer is sure to have all the right defense strategies up his sleeve to get your loved one acquitted!
Nevertheless, standing on the sidelines and observing the proceedings can be nerve-racking. So if you’re willing to know more about insanity defense and its role in a criminal case, you’ve come to the right place!
Read on for some useful information.
What Is Insanity Defense?
Insanity defense is a legal provision under which an accused can plead acquittal or leniency on the basis that he/she was not in the right frame of mind while the crime was committed. Given that an accused cannot suddenly become mentally ill, using insanity defense to prove innocence is not always the right thing to do.
Pros of an Insanity Defense
• Strengthens Your Case
Pleading an insanity defense means admitting that the defendant committed the crime. While this creates an atmosphere of guilt, this also allows the jury to see that the accused’s mental condition caused him to commit the crime. Since many societies refrain from punishing people who cannot genuinely tell right from wrong, pleading an insanity defense will steer the trial toward evaluating the defendant’s state of mind instead of reviewing actual case facts.
• Evade the Death Penalty
The most important advantage of pleading an insanity defense is that the defendant can avoid being sentenced to death. Irrespective of the nature of the crime committed, if the defendant is proven to be suffering from a mental illness that led to him committing the crime, he will be tried differently compared to an accused without a mental condition being tried for the same crime.
• Lenient Sentence
As mentioned, if an accused is proven to be mentally ill, he will be tried leniently as compared to a defendant who is sane. Apart from evading capital punishment, pleading an insanity defense ensures that the defendant will get some relief from a harsh sentence.
However, pleading an insanity defense doesn’t mean that the defendant will be able to walk scot-free; in recent years, the chances of an individual pleading an insanity defense being acquitted or avoiding jail time have decreased. All the same, it is probable that the defendant will be sentenced to a shorter jail term or will be sent to a psychiatric facility. In the latter case, the defendant is released after his condition improves or when it is clear that he isn’t a threat to the society any longer.
Cons of an Insanity Defense
• Not Accepted Everywhere
Insanity defense is abolished in quite some jurisdictions. As such, if this defense isn’t accepted in your jurisdiction, your case will need to be transferred to another court. Note that unless the defendant has a convincing reason to press an insanity plea, having the case transferred can be an unlikely event.
• Tough to Prove Innocence
In cases involving insanity pleas, it is required that the defendant prove his mental illness or provide a history of his mental illness. Such claims must also be endorsed by a medical professional or be verified by a group of experts depending on the gravity of the crime.
Further to this, prosecutors, jury members, and judges have become wary of the insanity defense owing to its gross misuse in the past. As a result, proving an accused not guilty or reducing his sentence has become tough.
Even if the accused is proven to be insane, it is possible that the jury and/or judge might reject insanity defense. In such a case, the defendant might be given a death sentence or a jail term despite being proven insane.
• Relief Is Not Guaranteed
Since it is perceived that insanity pleas are ploys used by defendants to get acquitted, relief for accused who are proven insane is not guaranteed. The defendant might have to stay in a psychiatric facility for life or until he gets better, and this can be as taxing as being sentenced to jail. What’s more, there’s always the possibility of the defendant getting cured and then being sentenced as a sane individual!
Conclusion
Now that you know what insanity defense is and its pros and cons, you needn’t worry endlessly about your loved one. Discuss defense strategies with your criminal lawyer and you’re sure to help the defendant in the best way possible!
About Author
Bryan Anderson is Marketing and PR Manager at the Law Offices of Jason A. Steinberger, LLC, based in New York. The firm has years of experience in handling criminal cases, and provides legal assistance to those charged with criminal felonies and misdemeanors in New York state.
If you’re in New York, choosing a good Bronx criminal lawyer may be all you need to do. An experienced criminal lawyer is sure to have all the right defense strategies up his sleeve to get your loved one acquitted!
Nevertheless, standing on the sidelines and observing the proceedings can be nerve-racking. So if you’re willing to know more about insanity defense and its role in a criminal case, you’ve come to the right place!
Read on for some useful information.
What Is Insanity Defense?
Insanity defense is a legal provision under which an accused can plead acquittal or leniency on the basis that he/she was not in the right frame of mind while the crime was committed. Given that an accused cannot suddenly become mentally ill, using insanity defense to prove innocence is not always the right thing to do.
Pros of an Insanity Defense
• Strengthens Your Case
Pleading an insanity defense means admitting that the defendant committed the crime. While this creates an atmosphere of guilt, this also allows the jury to see that the accused’s mental condition caused him to commit the crime. Since many societies refrain from punishing people who cannot genuinely tell right from wrong, pleading an insanity defense will steer the trial toward evaluating the defendant’s state of mind instead of reviewing actual case facts.
• Evade the Death Penalty
The most important advantage of pleading an insanity defense is that the defendant can avoid being sentenced to death. Irrespective of the nature of the crime committed, if the defendant is proven to be suffering from a mental illness that led to him committing the crime, he will be tried differently compared to an accused without a mental condition being tried for the same crime.
• Lenient Sentence
As mentioned, if an accused is proven to be mentally ill, he will be tried leniently as compared to a defendant who is sane. Apart from evading capital punishment, pleading an insanity defense ensures that the defendant will get some relief from a harsh sentence.
However, pleading an insanity defense doesn’t mean that the defendant will be able to walk scot-free; in recent years, the chances of an individual pleading an insanity defense being acquitted or avoiding jail time have decreased. All the same, it is probable that the defendant will be sentenced to a shorter jail term or will be sent to a psychiatric facility. In the latter case, the defendant is released after his condition improves or when it is clear that he isn’t a threat to the society any longer.
Cons of an Insanity Defense
• Not Accepted Everywhere
Insanity defense is abolished in quite some jurisdictions. As such, if this defense isn’t accepted in your jurisdiction, your case will need to be transferred to another court. Note that unless the defendant has a convincing reason to press an insanity plea, having the case transferred can be an unlikely event.
• Tough to Prove Innocence
In cases involving insanity pleas, it is required that the defendant prove his mental illness or provide a history of his mental illness. Such claims must also be endorsed by a medical professional or be verified by a group of experts depending on the gravity of the crime.
Further to this, prosecutors, jury members, and judges have become wary of the insanity defense owing to its gross misuse in the past. As a result, proving an accused not guilty or reducing his sentence has become tough.
Even if the accused is proven to be insane, it is possible that the jury and/or judge might reject insanity defense. In such a case, the defendant might be given a death sentence or a jail term despite being proven insane.
• Relief Is Not Guaranteed
Since it is perceived that insanity pleas are ploys used by defendants to get acquitted, relief for accused who are proven insane is not guaranteed. The defendant might have to stay in a psychiatric facility for life or until he gets better, and this can be as taxing as being sentenced to jail. What’s more, there’s always the possibility of the defendant getting cured and then being sentenced as a sane individual!
Conclusion
Now that you know what insanity defense is and its pros and cons, you needn’t worry endlessly about your loved one. Discuss defense strategies with your criminal lawyer and you’re sure to help the defendant in the best way possible!
About Author
Bryan Anderson is Marketing and PR Manager at the Law Offices of Jason A. Steinberger, LLC, based in New York. The firm has years of experience in handling criminal cases, and provides legal assistance to those charged with criminal felonies and misdemeanors in New York state.