The insanity defense allows those who were legally insane at the time a particular offense was committed not to be held criminally responsible for that offense.
Going over the basic elements that comprise the insanity defense in Illinois and speaking with a Schaumburg criminal defense lawyer will allow you to obtain the best possible legal outcome.
What Is The Insanity Defense In The State Of Illinois?
The insanity defense is an affirmative defense that says, “I committed the offense,” with one major caveat: I committed the offense while suffering from a disease or mental defect that did not allow me to understand the criminality of the offense.
A person is considered insane if they cannot understand the criminal nature of their conduct.
Someone who has committed a criminal act while legally insane will not be held criminally responsible for the actions they committed while in that mental state.
Just as an example, if someone murders another individual and they lack the ability to understand that their actions are wrong, then they might be considered legally insane. This could mean they will not be held criminally responsible for that murder, although this does not mean there will not be legal consequences.
If an individual and their attorney would like to prove insanity, they do so in a way that satisfies the judge and the jury. The burden of proof is on the defendant. If they cannot adequately prove insanity, their insanity defense will be unsuccessful and may lead to a “Guilty But Mentally Ill” verdict, which is often less than ideal for the long-term mental health treatment and rehabilitation of the individual, which is one of the prime goals of the criminal justice system.
Is The Insanity Defense Worth Pursuing?
The only answer is, “It can be.”
If someone has committed an offense and, while committing this offense, they were unable to understand that their actions were wrong, then the insanity defense may be worth pursuing.
On the other hand, if an individual understood that their actions were wrong and still did them, then the insanity defense is probably not worth pursuing under the law.
The reason for the above is that the insanity defense can be very, very difficult to prove. The reality is that in the majority of cases, it fails to lead to the desired verdict.
How Can You Assert An Insanity Defense?
The best way to successfully present an insanity defense is to work with an attorney who has used this defense in previous cases. If an attorney has employed the insanity defense in the past and has done so successfully, it makes it more probable that they can avoid the problems that come with presenting this type of defense.
Some of the actions your attorney will take are to review the facts of your case and employ witnesses, expert witnesses – a psychiatrist, for example – and other related tools that will help you secure the verdict that the facts and the law demand.
Get Qualified Legal Help Today
Glasgow & Olsson is uniquely qualified to help you if you need representation. Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients.
As proactive lawyers, we fight aggressively and support our clients throughout their entire case, including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.
When you need an attorney, experience matters. Speak with a Schaumburg criminal defense attorney today to learn how our experience can get you the results you deserve.