TLC_035: NOT GUILTY BY REASON OF INSANITY

In This Episode: I pull back the curtain on the the plea of Not Guilty By Reason of Insanity. How does it differ from Diminished Capacity and Competency to Stand Trial? Contrary to what the media often portrays, the insanity defense is pled in approximately 1% of all criminal cases and is only successful about 25% of the time it is used. The defense is used very rarely and frequently misunderstood by the general public. We explore some famous cases where the insanity defense was used successfully: John Hinckley Jr and Andrea Yates. Both defendants were acquitted of their crimes based on insanity defenses. Both defendants remain in custody however. In fact, studies show that defendants who successfully plead insanity often spend as much time if not more (sometimes double) than their counterparts who were convicted on a staring guilty plea. To see how each state treats the insanity defense, click HERE. TRIAL LAWYER MENTOR Quick Tip: I talk briefly about the need to define terms of art in your industry, especially terms that have made their way into the common language but are used in ways that may subtly alter their original definition.

LAWYERS and LAW STUDENTS:

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Download AUDIO here (MP3)