A Pillar of Defense in Colorado Springs

What is an insanity criminal defense?

You've probably seen many movies and television shows where a defendant's attorney wants to enter an insanity defense. However, this is not a common defense, mainly because it takes a lot to prove that someone meets the criteria for an insanity defense.

A person may have a successful insanity defense if he or she meets one of two definitions:

-- The defendant has a mental disease or defect at the time of the crime that does not allow him or her to be able to distinguish right from wrong. However, this mental state is not to be confused with someone whose "mental disease or defect with moral obliquity, mental depravity, or passion [that grew] out of anger, revenge, hatred, or other motives."

-- The defendant has a mental disease or defect that prevents him or her from forming the necessary mental state needed for an element of the charged crime. Just as in the first definition, this mental state is not be confused with someone whose mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives."

The law specifically states that the voluntary ingestion of alcohol or another psychoactive substance is not enough for an insanity criminal defense.

If the defense introduces some evidence that the defendant is not fit to stand trial because of an insanity defense, the prosecution must then prove that the defendant is sane -- beyond a reasonable doubt.

There are many evaluations that must be completed before an insanity defense can proceed. These include psychiatric evaluations, polygraphs and narcoanalytic drugs.

While the insanity defense is not something that most people can use at trial, there are some defendants that it may help. An experienced criminal defense attorney in Colorado can provide more information on this special type of defense strategy.

Source: Colorado Bar Association, "Insanity" Dec. 09, 2014

No Comments

Leave a comment
Comment Information

Tell Us About Your Legal Matter Confidentially

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Our Attorneys

You Have Options And Opportunities. Contact Our Firm Today.

Phone: 719-377-4024
Fax: 719-757-1146

222 East Costilla Street Colorado Springs, CO 80903 Phone: 719-377-4024 Fax: 719-757-1146 Colorado Springs Law Office Map

Connect With Our Firm

Find us on youtube