Using Insanity as a Criminal Defense in Seattle
Using Insanity as a Criminal Defense in Seattle
So you’re thinking about using an insanity defense for a crime you committed in Seattle? I feel you. We all make mistakes. And sometimes our mental health issues can cause us to do things we wouldn’t normally do. Let’s talk through whether an insanity defense makes sense for your situation.
First off, what does “insanity” mean legally? It’s not just that you were angry, or depressed, or even that you have a mental illness. Insanity in the eyes of the law means you were unable to understand what you were doing, or unable to understand that it was wrong, because of a mental defect. There are a few different legal standards courts use to evaluate whether someone was legally insane at the time of a crime.
The M’Naghten Rule
The M’Naghten rule is one of the oldest and most common insanity defense tests. It says that if the defendant had a “defect of reason” from a mental illness that kept them from knowing the nature and quality of their actions, or knowing that what they did was wrong, then they can be found not guilty by reason of insanity[5]. This is a pretty high bar to reach. You need to show that you had no idea what you were doing or that it was against the law.
The Irresistible Impulse Test
Another type of insanity defense is the “irresistible impulse” test. This says that even if you understood what you were doing and that it was wrong, if you literally could not control yourself because of mental illness, you can be found not guilty[4]. This defense argues that you committed the crime because of an irresistible compulsion or impulse that you couldn’t control. But it can be hard to prove that the urge was truly “irresistible.”
The Durham Rule
The Durham rule is a broader insanity defense standard that was used for a while in Washington DC. It said that if your crime was the “product of mental illness,” you could be found not guilty by reason of insanity. You didn’t have to show complete inability to understand your actions or control yourself. Just that mental illness played a significant role in the crime. But this test ended up being too broad.
The Model Penal Code Test
Many states, including Washington, use some version of the Model Penal Code insanity defense test. This has two parts – the cognitive incapacity prong and the volitional prong. It builds on the M’Naghten rule. For cognitive incapacity, you have to show you lacked the mental capacity to appreciate the criminality of your conduct. And for volitional incapacity, you have to show your mental illness kept you from conforming your actions to the requirements of law
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. Both prongs focus on the link between mental illness and criminal intent.
Proving Insanity in Washington
In Washington, the burden is on the defense to prove “by a preponderance of the evidence” that the defendant was insane at the time of the crime[5]. This is a lower standard than “beyond a reasonable doubt.” It just means that insanity has to be more likely than not. To establish insanity in Washington, you need to show that at the time of the crime:
- You had a mental disease or defect
- That impaired your ability to perceive reality
- Which caused you to be unable to tell right from wrong with respect to the criminal act
This is based on the M’Naghten rule but also includes an “impaired perception of reality” element. Your attorney will need to present medical records and expert testimony from psychologists to show you met this standard. Just having a mental illness diagnosis is not enough.
What Happens if You’re Found Insane?
If the insanity defense succeeds, you’ll be found not guilty by reason of insanity (NGRI). This is not the same as being found innocent. It means you committed the criminal act but weren’t criminally responsible because you were legally insane.
After an NGRI verdict, a judge will order an evaluation to determine whether you’re safe to return to the community. If not, you’ll likely be committed to a secure psychiatric hospital until you’re deemed stable. How long that commitment lasts depends on evaluations of your ongoing dangerousness. The average insanity acquittee is hospitalized for two to ten years.
Should You Pursue an Insanity Defense in Your Case?
Whether an insanity defense makes sense depends a lot on your specific situation. Here are some pros and cons to weigh:
Pros
- You could be found not guilty and avoid prison if it succeeds
- It allows the court to consider your mental health issues
- The hospital commitment may be shorter than a prison sentence
Cons
- Insanity defenses rarely succeed – only about 1% of felony cases
- You have to admit you committed the criminal act
- Proving insanity is difficult and requires extensive evidence
- You may end up committed longer than if convicted
- There is stigma around insanity defenses
I know this is a lot to think about. But your attorney can help you decide if an insanity defense is right for your situation. The most important thing is getting you the help you need while also ensuring justice is served. We all make mistakes, but what matters is how we take responsibility and work to get better. Wishing you the best with your case!
References:
[1] https://www.sqattorneys.com/mnaghten-rule-for-insanity-defenses/
[2] https://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1297&context=sulr
[3] https://digitalcommons.law.uw.edu/cgi/viewcontent.cgi?article=1795&context=wlr
[4] https://www.hesterlawgroup.com/blog/2022/january/what-is-an-insanity-plea-/