Insanity Defenses in Georgia
Contents
Insanity Defenses in Georgia
The insanity defense in Georgia is complicated, controverisal, and often misunderstood. This article aims to explain in simple terms how it works, some history behind it, and the debate around it. I’ll also discuss some specific cases and laws, but I’ll try to keep it simple and conversational – no fancy legalese here!
What is the Insanity Defense?
The insanity defense argues that a defendant should not be held criminally responsible for breaking the law if they were unable to understand what they did was wrong or control their actions, due to severe mental illness. There’s a few key things about it:
- It is not the same as incompetency. Incompetent means unable to stand trial and participate in their defense. Insanity is about their mental state when commiting the crime.
- The burden of proof is on the defense to show the defendant was insane. It’s not assumed.
- If successful, the defendant is found “not guilty by reason of insanity” (NGRI) instead of guilty.
- An NGRI verdict does not mean the defendant goes free. They are usually institutionalized.
Georgia has used some form of the insanity defense for a long time. It was first codified in 1833 after a famous British murder case involving a guy named M’Naghten[4].
Legal Standards for Insanity
Most states, including Georgia, use a legal standard for insanity based on the M’Naghten rule[4]. It says that to be found insane in Georgia, it must be shown that the defendant, at the time they committed the crime:
- Did not have the mental capacity to distinguish between right and wrong, OR
- Could not resist acting on an irresistable impulse[2]
Some other states use a broader standard called the “Model Penal Code” rule, which also considers if mental illness prevented them from appreciating the “nature and quality” of their actions[6].
Georgia also allows for a verdict of “guilty but mentally ill” (GBMI). This means the defendant is found guilty, but the jury believes mental illness contributed to the crime[2].
How Often is Insanity Used?
The insanity defense is actually very rare – used in less than 1% of felony cases[6]. When it is used, it’s usually for violent crimes like murder. But even then, it only works about 25% of the time[6]. GBMI verdicts are a little more common.
What Happens After an NGRI Verdict?
A defendant found NGRI is usually institutionalized in a psychiatric hospital. How long depends on evaluations by doctors. Acquittees often spend as much or more time locked up as they would have if convicted and sent to prison[6].
After the initial commitment, there has to be yearly hearings to evaluate whether the person is still dangerous due to mental illness. If not, they may be released, often with conditions like medication and counseling. It’s a high bar to be released[3].
Debate Around the Insanity Defense
The insanity defense is controversial. Supporters argue:
- Punishing someone who did not understand their actions is cruel and serves no purpose.
- Mental illness is a legitimate mitigating factor, like self-defense or duress.
- Abolishing it punishes people for being mentally ill.
Opponents argue:
- It allows dangerous people to avoid prison.
- Mental illness can be faked or exaggerated.
- Psychiatry is an imperfect science so NGRI verdicts are unreliable.
Most states still have the insanity defense, but some like Idaho, Utah, and Montana have abolished it[6]. Some want to restrict it to more narrow circumstances.
Some Famous Georgia Insanity Cases
There’s been a few high-profile insanity cases in Georgia over the years:
- Andrea Yates – Drowned her 5 kids in a bathtub in 2001, found NGRI[1]
- Brian Nichols – Killed judge, court reporter, and deputy in 2005, convicted after failed insanity defense[2]
- Claud “Tex” McIver – Shot and killed his wife in 2016, convicted for murder[5]
As you can see, even in shocking murder cases insanity rarely works as a defense. The McIver case also shows that inconsistent verdicts are allowed – he was acquitted of malice murder but convicted of felony murder[5].
Juvenile Insanity Defense
An interesting issue is whether to allow insanity for juveniles. Currently Georgia does not permit it for defendants under 13[3]. But some argue mentally ill children deserve the defense also. It’s being challenged in the courts[3].
The Bottom Line
The insanity defense has a long history and is controversial, but also rarely used and seldom works. Georgia uses the traditional M’Naghten rule with some expansions. Defendants found NGRI usually spend as much or more time confined as a prison sentence. It remains a useful safety valve in the justice system for the most severely mentally ill, but is far from a get-out-of-jail-free card.
References
[1] Georgia Code on Insanity Defense
[2] Overview of Insanity Defense in Georgia
[3] APA Article on Juvenile Insanity
[4] History of Insanity Defense in Georgia