California follows the McNaughten rule, which is rarely used.
On legal dramas and television crime shows, it’s an old trick: the defendant in a criminal case pretends to be mentally ill so that he or she can get off on a murder charge as not guilty by reason of insanity, free to kill again. But what does it really mean to be found not guilty by reason of insanity?
In California, a person can claim to be legally insane — and therefore not responsible for his or her criminal conduct — if he or she either (1) cannot understand the nature of his or her criminal act or (2) cannot distinguish between right and wrong. This is known as the McNaughten rule, and is based on a British case from the 1800s, where a defendant killed a government employee due to his delusions that the government was out to get him. The court found that he because of his mental illness, he was unable to understand that what he did was wrong.
Under the McNaughten rule, it does not matter if the insanity is permanent or temporary; a person could be considered mentally ill for just a short period of time and qualify for the insanity defense. However, the use of this defense is very rare. In many cases, a person’s mental illness — such as substance abuse or depression — may contribute to his or her criminal acts. But it does not necessarily mean that that person does not understand the nature of his criminal acts or that what he is doing is wrong. Importantly, many jurisdictions follow different rules when it comes to insanity defenses.
The insanity defense can be used in any criminal case, although it is often used in more significant criminal cases. This includes cases such as murder. The burden is on the defendant to prove the defense of insanity by the preponderance of the evidence. This is done at a sanity hearing, where your murder defense lawyer in Bakersfield, CA will put on expert witnesses to testify that you either did not understand the nature of what you did or that your action was wrong. If the judge or jury finds that you were insane when you committed the crime in question, then you will be found not guilty by reason of insanity.
When it comes to murder cases, the decision to plead not guilty by reason of insanity is obvious a very serious one. An experienced murder defense lawyer in Bakersfield, CA can help you through the decision, including what will happen if the judge or jury agrees that you are not guilty for this reason. In contrast to what is usually shown on television or in the movies, you will not be released if you are acquitted on these grounds; instead, you will committed to a mental hospital for treatment. This serves the purpose of both rehabilitating you and protecting both you and society from further harm. If you are committed to a state mental hospital, you will be required to stay there until the doctors believe that you are no long legally insane, the maximum term of imprisonment for that crime has been reached, or the doctors believe that you would do well in an outpatient treatment program.
At the Chambers Law Firm, we work collaboratively with our clients to establish potential defenses to crimes, including the defense of not guilty by reason of insanity. We offer free initial consultations where we explain your legal rights and options, and we will aggressively pursue all options to resolve your case. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more.
