Mentally Impaired in Criminal Law
Let’s understand this with an example of using the insanity defense in court:
Imagine a woman named Jennifer is accused of arson, setting her own apartment on fire, and endangering the lives of others. This is a serious crime that Jennifer clearly committed, and she should be punished for it. When the police interrogate Jennifer, she claims she was a "superhero" with a secret mission to rescue her whole family from an evil spirit. She described the police she having to act in order to keep the evil away from hurting their family. Now, let's say Jennifer has a lawyer. Her lawyer could make the insanity defense affirmation as follows:
Jennifer was in a very bad mental state at the time of the crime, as she had postpartum psychosis, which made her unable to differentiate between right and wrong, or legal and illegal actions. The defense would also claim that Jennifier was not in control of her actions in the way that a mentally healthy person would be, and this makes Jennifier not truly responsible for the crime of burning her apartment. If the jury acknowledges this affirmation, Jennifier goes free, but not in a way that most people would expect or understand. "She's not guilty by reason of insanity” because she's mentally ill," would be the refrain.
In short, not guilty by reason of insanity (NGRI) is a legal term and defense strategy used by individuals who have been found by board-certified psychiatrists and neurologists to be suffering from a serious mental condition or psychiatric disorder that causes them to be unable to control or understand their actions.
If the court accepts the defense's plea, the person (like Jennifier) won't be sent to jail. Instead, they're usually sent to a mental health facility until they no longer pose a danger to themselves or others.
Many think that a flash of temporary insanity or a surge of emotion is enough for an NGRI defense…… It’s mistaken.
No, only certain extremely serious conditions qualify for ‘Not Guilty by Reason of Insanity’ (NGRI).
Differences between Insanity and Mental Illness
Only extremely severe mental disorders are taken into consideration. Mild mental health disorders are not. The court, based on the decisions submitted, accepts these mental illness as NGRI qualifying conditions:
- Schizophrenia with psychosis (delusions, hallucinations, and disorganized thinking)
- Bipolar disorder with manic episodes (which can cause delusions and severe sensory disturbances)
- Postpartum psychosis (which can occur after childbirth and can cause severe changes in mood and understanding)
- Acute delirium (a sudden, rapid, and severe change in mental state that can result from a serious illness, injury, or drug exposure)
- Moderate to severe dementia (which can severely impair memory, judgment, and the ability to discern reality)
- Seizures (especially those of temporal-lobe epilepsy, which can alter a person's level of awareness)
- Neurocognitive disorders (such as a severe brain injury that has altered your thinking, emotions, and self-control to the point that you act dangerously)
- Severe drug or medication reactions (which can drastically modify a person's mental state, making it impossible for a "normal" person to function properly)
- Brain tumor or abscess (which can impair judgment and cause extreme fluctuations in a person's thinking)
The most probable verdict will be “not guilty by reason of insanity” if the court agrees with the defense used.
On the other hand, many serious mental health problems do not qualify for the legal definition of the insanity defense, meaning they cannot be used as an NGRI defense. Those mental health conditions are as follows:
- Depression
- Panic Attacks
- Intermittent Explosive Disorder
- Post Traumatic Stress disorder
- ‘Temporary Insanity’
- Recreational Drug-Induced Psychosis
- Borderline Personality Disorder
- Dissociative Identity Disorder
Nevertheless, they still require professional assistance. A psychiatric evaluation helps the court to have a full record of the person's mental health history.
Why the insanity defense should be allowed?
A mental illness stole a person’s real choice. Courts provide justice for them. They acknowledge that not everyone thinks clearly about right and wrong, and thoughts get messy.
Why It Exists: Help, Not Punishment
The "not guilty by reason of insanity" (NGRI) defense sends people to therapy instead of just jail. The goal is to uncover the true motive behind the crime.
Why It Exists: Safer Communities
The "not guilty by reason of insanity" defense is only for people whose illness is so severe that they don't understand what they did and can't control it. The "Not Guilty by Reason of Insanity" (NGRI) verdict does not mean that a person walks out of the courtroom a free individual. In some jurisdictions, if a criminal defendant's plea of not guilty by reason of insanity (NGRI) prevails, the person is confined to a mental hospital until they are no longer a danger to themselves or to society.
Here, healing can lead to a smoother return to society.
The Dark Side: Abuse Concerns
Some people worry that criminals may feign illness to avoid blame. This concern undermines trust in the system as a whole. Did the mind really break? That's the question we keep wrestling with. It's subjective, it's tricky: no simple answer.
The Dark Side: Stigma
Calling someone “insane”? It just spreads the myth that people with mental illness are dangerous, more fear, that stereotype keeps help away from those who truly need it. Insanity is only proven if the defense can prove mental illness.
Many argue that the insanity defense criminalizes mental health. I believe this perception prevents many people who could benefit from an insanity plea or a similar defense from receiving the necessary help.
The Role of the Psychiatrist
In an insanity hearing, psychiatrists attend, evaluate the individual, and then testify as expert witnesses. Their opinion plays a major role in determining the court's decision.
They examine health charts and previous police reports of the defendant. In addition, they assist with a general psychiatric questionnaire to comprehend the offender’s mind.
In addition to the diagnosis, the psychiatrist also has to explain how the disorder actually modified the defendant's ability to understand what happened or control their actions. Their testimony can impact the jury, providing a scientific perspective that makes the preliminary concept of insanity simple.
However, during the whole court process, mental health professionals take a plea to remain bias, factual, not taking sides, and explain the scientific perspective of clinical mental health in simple language to the jury.
The Takeaway
When a person commits a crime, society demands accountability. The justice system recognizes that mental illness can severely impair not only decision-making but also the moral compass that helps a person distinguish between right and wrong. In legal parlance, the defense of "not guilty by reason of insanity" (NGRI) asserts that the offender was so mentally (or psychiatrically) unstable that they were unable to distinguish between right and wrong.
In those rare cases, a judge or jury accepts this claim. If the judge or jury finds the claim, the person is not sentenced to jail, but is usually sent to a mental health facility for treatment unless they pose a danger to themselves or others.
Even when the defense isn’t an option, a psychiatric evaluation still counts and can't be skipped.
If you doubt a loved one is in a similar situation or would like more information about the insanity defense, contact a forensic psychiatrist. For more information, visit https://gabapsychiatrist.com/insanity-defense/ or call +1(833)312-4222