defense is what we call the M'Naghten test.

The M'Naghten test says that somebody was insane at the

time of the crime if he did not understand the nature of

his actions, and he could not tell the difference between

right and wrong.

Now this is a very difficult legal standard to meet

because, for example, if the person fled the scene of the

crime, tried to cover his tracks, took evasive action.

All of that would be considered evidence that he

understood the difference between right and wrong or

knew what he was doing was wrong.

But logistically, in an insanity defense case, the way

it works is we would enter a dual plea, a plea of not

guilty and a second plea of not guilty

by reason of insanity.

And if the case went to trial, the jury would first have to

determine whether the client was guilty of the crime,

whether he actually committed the crime.

If the jury finds that he didn't commit the crime, then

the case is dismissed from there.

But if the jury finds he did commit the crime, that he was

guilty, then the case moves on to what we

call a sanity hearing.

And the court has to determine whether the person was sane or

insane at the time the crime.

If the court determines that he was insane, if that defense

is successful, then instead of going to prison, the person

would be committed to a mental facility until such time as he

regained his sanity.

Now the other way this can work is sometimes we would

simply enter one plea of not guilty by reason of insanity.

And that might be in a situation where it was totally

clear and obvious that the person committed the crime but

clearly had mental defects.

And if we enter one plea of not guilty by reason of

insanity, that means we're essentially conceding that he

committed the crime, but we're saying he was insane.

And therefore, he shouldn't be found guilty because of his

mental state.

And again, that would be something for

the court to determine.

And if the court found he was insane, then he would go to a

mental institution instead of prison.

Now, one question people ask is, if a person is found

legally insane or found not guilty by reason of insanity,

and they're committed to an institution, will

they ever get out?

And the answer is that, first of all, if they serve the

maximum sentence.

So let's say the crime is only assault with a deadly weapon,

and it has a four year maximum sentence.

Then after four years of being held in the institution, most

likely they would be released because they've served the

maximum sentence.

But in murder cases or situations where it's a very

long potential sentence or life, a life sentence in some

cases, then ultimately it would be for the doctors and

for a judge to determine if the person

had regained sanity.

But rarely in very serious cases does a person ever get

released from the institution.

I'm former prosecutor, now criminal defense

attorney Neil Shouse.

If you have a loved one who is accused of a crime but has

mental health issues and the insanity defense may be

applicable, we invite you to contact us here

at Shouse Law Group.

Let's look at the case together.

Let's see what we can do to get the

charges reduced or dismissed.