FAQ: Insanity Defenses in Miami

FAQ: Insanity Defenses in Miami

The insanity defense is one of the most well-known criminal defenses, but also one of the most misunderstood. This article aims to answer some frequently asked questions about how the insanity defense works in Miami and throughout Florida.

What is the insanity defense?

The insanity defense argues that the defendant should not be held criminally responsible for their actions because they were unable to understand what they were doing or that it was wrong due to a mental illness or defect. In other words, they lacked the necessary criminal intent.

In Florida, the legal standard for insanity is based on the M’Naghten rule. The defendant must prove that at the time of the crime:

• They had a mental infirmity, disease, or defect
• Because of this condition, they either did not know what they were doing or did not understand that what they were doing was wrong

The defendant has the burden of proving insanity by clear and convincing evidence. This is a high standard that means it is substantially more likely than not that the defendant was insane.

How often does the insanity defense work?

The insanity defense is raised in less than 1% of felony cases, and is successful only about 25% of the time it is raised. So while the insanity defense receives a lot of publicity when it is used in high-profile cases, it is actually very rare.

One reason for this is the difficulty of meeting the legal standard for insanity. Additionally, many defendants prefer to deny committing the crime altogether rather than admitting they did it but were insane.

What happens after a successful insanity defense?

Contrary to popular belief, a defendant found not guilty by reason of insanity is not simply set free. Instead, Florida law requires the judge to conduct further proceedings to determine appropriate treatment and supervision.

The defendant will likely be committed to a mental institution for treatment. In many cases, this commitment can last longer than if the defendant had been sentenced to prison for the crime. Once stabilized, they may be released under certain conditions, like continuing treatment as an outpatient.

Can you claim temporary insanity?

Florida law does recognize temporary insanity in limited circumstances. This applies when the defendant’s mental state was impaired only at the time of the crime, but they have since regained their sanity.

To prove temporary insanity, the defense must still meet the high standard outlined above and show the defendant did not understand their actions or that it was wrong specifically at the time of the crime.

What about irresistible impulse?

The “irresistible impulse” test is not the legal standard for insanity in Florida. This rule says a defendant may be insane if they could not control their actions even though they understood them to be wrong.

While evidence of irresistible impulse may be relevant, the defense must still prove the defendant did not understand their actions or that they were wrong under the M’Naghten rule.

Can intoxication support an insanity defense?

Voluntary intoxication alone cannot be the basis for an insanity defense under Florida law. However, if the defendant has a mental defect that is exacerbated by intoxication resulting in legal insanity, the defense may apply.

The defense would need to prove the pre-existing mental defect, not just intoxication, caused the defendant’s legal insanity.

What about mental retardation?

Mental retardation may form the basis for an insanity defense if it caused the defendant to be unable to understand their actions or that they were wrong. However, mental retardation can also lead to an incompetency claim, arguing the defendant is unfit
to stand trial if their disability prevents them from meaningfully participating in their defense.

In Florida, the burden is on the defendant to prove they were legally insane at the time of the offense. This requires showing by clear and convincing evidence that a mental infirmity, disease or defect caused them to not understand their actions or that they were wrong[1].

While mental retardation could potentially support an insanity defense, the defense would need to meet this high standard. It is not enough to simply show the defendant has a low IQ or mental deficits. The defense must establish the specific link between the mental retardation and the defendant’s lack of understanding of their criminal actions[2].

In contrast, an incompetency claim focuses on the defendant’s present mental state and whether they are fit to proceed with trial. The judge makes this determination based on psychiatric evaluations of whether the defendant can understand the charges and proceedings and assist in their defense[3].

So a defendant with mental retardation may raise both the insanity defense and incompetency claim separately. Insanity looks back to the time of the offense, while incompetency focuses on the defendant’s current abilities. But both require showing how the specific mental deficits apply to the legal standards.

If found incompetent, the trial is postponed until competency is restored through treatment. A successful insanity defense leads to commitment to a mental institution rather than prison[4]. The key for any defendant is presenting specific evidence tying their mental condition to the relevant legal test.