You have likely heard of criminal defendants being found not guilty by reason of insanity, but many people do not realize the complex laws surrounding pleas of insanity or mental incompetence. If you are considering insanity as a legal defense, talk to a lawyer first.
A criminal defendant may use insanity, mental incompetence, or mental illness as a defense, but how this defense works may vary based on each defendant’s specific situation. Under the long-standing M’Naghten rule, a defendant may negate criminal liability based on insanity or mental illness, but they must prove the defense by a preponderance of the evidence. However, other defenses based on the defendant’s mental illness exist, and your lawyer can help you decide which approach works best for you.
Get a confidential legal evaluation for free from our New Jersey criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
Can a Criminal Defendant with Mental Illness Claim Insanity as a Defense?
Mental illness is a serious problem for many, including criminal defendants. If you were experiencing a mental illness, disorder, or condition when you are accused of committing a crime, you may be able to invoke an insanity defense.
M’Naghten Rule
There are numerous rules and laws surrounding insanity defenses, and New Jersey adheres to the M’Naghten rule. This rule is the result of long-standing common law, but it has been codified into New Jersey’s statute.
According to this law, a defendant may not be held criminally responsible for an offense if, at the time the offense allegedly occurred, the defendant was under the effects of a defect of reason or disease of the mind (i.e., mental illness). Their mental illness should be such that the defendant does not understand the nature of the offense or, if they did know, does not understand that it is wrong.
Affirmative Defense
The insanity defense is an affirmative defense, meaning that the defendant must sufficiently prove the defense for it to be effective. Put another way, the defendant has a burden of proof when arguing affirmative defenses.
In New Jersey, the insanity defense, as described above, must be proved by a preponderance of the evidence. This is a lower burden than “proof beyond a reasonable doubt,” which is the overall burden of proof for prosecutors in criminal cases. A preponderance of the evidence requires proof that something is more likely than not.
Possible Outcome of Insanity Defense
Although the insanity defense can help a defendant avoid incarceration for a criminal offense, it is not a ticket to freedom. If your argument is successful, you could be committed to a mental health institution. How long your commitment lasts may vary based on your circumstances, but some defendants spend years in mental health facilities after successful insanity defenses.
How Mental Illness May Affect a Criminal Defendant’s Alleged Intent in New Jersey
Not all “insanity” defenses completely negate criminal liability. You may instead argue that a mental condition affected your ability to form the required intent.
Diminished Capacity
It may be possible to claim a defense of diminished capacity. Under this defense, you can argue that, due to a mental disease or defect, you did not have the state of mind necessary to form the intent required for the alleged crime. You must provide evidence of this defense. As such, it is a good idea to get evaluated by a mental health professional as soon as possible.
Incomplete Defense
The diminished capacity defense does not negate criminal liability. If the defense is effective, you may still be held criminally liable, but your mental condition at the time of the alleged crime may be considered as a mitigating factor or help defendants reduce criminal charges if intent is compromised.
How Do I Present Evidence of an Insanity Defense in New Jersey?
When claiming an insanity defense, we must be ready to support your defense with evidence.
Expert Witnesses
When an insanity defense or diminished capacity is implicated in a criminal case, there is a. need for psychiatric evaluation. The defendant, the prosecutor, or the court, of its own motion, may have a qualified psychiatrist appointed to evaluate the defendant. Often, an insanity defense cannot succeed without a proper psychiatric evaluation.
Notice Requirement
We cannot simply start presenting evidence of insanity or diminished capacity in court. The court and prosecutors must be made aware of our intent to argue these defenses before trial. Under the law, our Brigantine, NJ criminal defense lawyers must serve notice of our intent to argue insanity or diminished capacity. Without notice, evidence of these claims may not be admitted.
Can a Criminal Defendant with a Mental Illness Stand Trial in New Jersey?
For some, mental illness is so severe that they cannot, in good conscience, be made to stand trial.
Competence Hearings
If you believe your loved one lacks the mental competence to stand trial, talk to their defense attorney immediately. The defense, the prosecutors, or the court may move for a competency hearing to determine mental competency.
A defendant may be deemed mentally competent to stand trial if the following are proven:
The defendant has the capacity to understand their presence in relation to time, things, and place, and their elementary processes are such that they understand…
- They are in court and charged with a crime
- A judge is presiding over their case
- A prosecutor will try to convict them
- They have a defense lawyer to help them
- They are expected to explain the facts of the alleged offense if they choose to testify
- There may be a jury present to assess evidence
- The consequences of a guilty plea or plea agreement, and
- They can participate in their own defense.
What Happens if a Defendant is Deemed Incompetent?
If a defendant is deemed mentally incompetent to stand trial, they cannot be prosecuted. Under New Jersey law, if a defendant is found to lack the mental capacity to stand trial for a crime, they may not be tried, convicted, or sentenced for the offense for as long as their mental incapacity persists.
Such a defendant may be committed to a mental health facility until their condition improves, and they may stand trial.
Is Incompetence a Good Defense?
Depending on your loved one’s situation, requesting a competency hearing may be the best option. In some cases, there is too much evidence against the defendant to argue for an acquittal, but they may be experiencing serious mental health issues.
If someone lacks the capacity to understand their own criminal trial, they should not be put on trial at all, and a mental health care facility may be necessary.
Contact Our New Jersey Criminal Defense Attorneys to Discuss Your Case
Get a confidential legal evaluation for free from our Cape May, NJ criminal defense lawyers by calling the Law Offices of John J. Zarych at (609) 616-4956.
