Free Consultation (970) 485-2261

Murder charges: What does it mean to plead insanity?

Posted on May 26, 2015

If an accused individual can successfully plead insanity as a part of his or her defense against murder charges, it might be possible to achieve a verdict of not guilty. In other outcomes, a successful insanity plea might result in a conviction, but achieve a dramatic reduction in sentencing. In the article that follows, we will discuss the history of pleading insanity in addition to the various types of insanity individuals might plead.

The first time that insanity was recognized as a viable legal defense was in 1581. According to an English legal treatise, “mad men” and “lunatics” cannot be considered accountable if they kill someone. In England, during the 1700s, they further developed the “wild beast” test to define insanity. If, for example, the alleged murderer did not understand his or her crime better than a baby or an animal could, then he or she could not be convicted.

In modern times, and depending on the state in which the incident occurred, courts use several new types of tests to determine insanity. The “M’Naghten Rule” says that alleged murderers cannot be convicted if they did not understand what they did and/or they were unable to distinguish between right and wrong as a result of a diseased mind. The “Irresistible Impulse” test relates to an individual not being able to control his or her impulses due to a diseased mind.

The “Durham Rule” seeks to claim that the defendant committed his or her criminal act due to a mental defect. Finally, the “Model Penal Code” test uses a clinical diagnosis of mental defect to show that a particular defendant did not understand the nature of his or her acts, or was unable to act according to the law.

Choosing which type of insanity defense to plead will largely depend on the state where the incident occurred and the facts and circumstances surrounding the murder charges. Obviously, pleading insanity is not a viable defense in all situations, but when it applies to a particular case and it is successfully utilized, it can be particularly effective.

Source: Findlaw, “Insanity defense,” accessed May. 26, 2015

Search for:

Recent Posts

Archives

ArchivesSelect Month May 2022  (3) April 2022  (3) March 2022  (3) February 2022  (3) January 2022  (3) December 2021  (4) November 2021  (2) October 2021  (4) September 2021  (3) August 2021  (3) July 2021  (4) June 2021  (6) May 2021  (1) April 2021  (3) March 2021  (4) February 2021  (3) January 2021  (3) December 2020  (3) November 2020  (3) October 2020  (2) September 2020  (4) August 2020  (3) July 2020  (4) June 2020  (2) May 2020  (3) April 2020  (3) March 2020  (5) February 2020  (3) January 2020  (4) December 2019  (4) November 2019  (2) October 2019  (5) September 2019  (1) August 2019  (3) July 2019  (3) June 2019  (4) May 2019  (7) April 2019  (7) March 2019  (7) February 2019  (5) January 2019  (8) December 2018  (6) November 2018  (6) October 2018  (7) September 2018  (6) August 2018  (7) July 2018  (7) June 2018  (7) May 2018  (6) April 2018  (7) March 2018  (5) February 2018  (1) January 2018  (2) December 2017  (1) November 2017  (2) October 2017  (1) September 2017  (2) July 2017  (3) May 2017  (3) April 2017  (1) March 2017  (1) February 2017  (2) January 2017  (1) December 2016  (2) November 2016  (3) August 2016  (3) July 2016  (4) June 2016  (5) May 2016  (4) April 2016  (5) March 2016  (4) February 2016  (4) January 2016  (4) December 2015  (4) November 2015  (5) October 2015  (4) September 2015  (5) August 2015  (4) July 2015  (4) June 2015  (5) May 2015  (4) April 2015  (5) March 2015  (4) February 2015  (4) January 2015  (4) December 2014  (5) November 2014  (5) October 2014  (4) September 2014  (5) August 2014  (3) July 2014  (5) June 2014  (4) May 2014  (4) April 2014  (5) March 2014  (4) February 2014  (4) January 2014  (5) December 2013  (4) November 2013  (5) October 2013  (3) September 2013  (4) August 2013  (4) July 2013  (5) June 2013  (4) May 2013  (4) April 2013  (5) March 2013  (4) February 2013  (4) January 2013  (5) December 2012  (5) November 2012  (2)

Categories