Wednesday, May 8, 2013

The Insanity Defense

Recently the "Insanity Defense" has been the subject of broad media conversation. I thought it might be a good idea to review what exactly is meant when someone "pleads insanity".

In Iowa, in order to be found not guilty by reason of insanity, a defendant must show that it is more likely than not that, at the time to criminal act was committed, he or she was suffering from a disease or mental condition that made him or her either:

1. Incapable of knowing the nature and quality of the act he or she is accused of committing; or,

2. Incapable of knowing the difference between right and wrong.

Notice that competency to stand trial and the insanity defense are separate, but sometimes related, issues.  The insanity defense is only concerned with the mental state of the accused at the time the act was committed.  Competency to stand trial is not a matter of what the accused was thinking (or not thinking) during the crime, but about his or her ability to understand court proceedings.

If you or someone you know is accused of a crime, and you believe the insanity defense fits the circumstances of the caseplease contact JHD Law at (515) 875-4818, www.jhdlawfirm.com, or via Twitter @JonahHammerDyer. 
 

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