Can I Use the Insanity Defense in Minnesota?
If you are facing criminal charges in St. Paul or anywhere in Minnesota, there are a series of possible defenses. One of those available is the Insanity Defense. However, it is important to know that the defense of “Not Guilty by Reason of Insanity” is rarely used in Minnesota and even more rarely successful. There have been several cases in the last couple of years involving Military Veterans who served in both Iraq and Afghanistan and suffering from severe PTSD who have used this Defense. Otherwise, it almost never works. Nevertheless, it is still a valid defense under very specific circumstances. If it is an option, you need to have an experienced attorney at your side to make sure it works.
“In the insanity defense in Minnesota, it is often far less about whether something happened but rather what caused it to happen.”
The Origins Behind the Insanity Defense
In 1843, a man named Daniel M’Naughten killed the secretary of the British Prime Minister. At trial, the Court found him insane and therefore not guilty of the crime. He is thought to have been a paranoid schizophrenic. The British Parliament responded by establishing a new insanity standard now commonly known as the M’Naughten Rule. According to this new Rule: “(to) establish a defense on the grounds of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, and not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.”
While adopted in Britain, it also became the widely adopted standard in the United States. Over the years, many states have moved away from the Rule as outdated and inappropriate. Further, even, the National Alliance on Mental Illness as recently as 2010 called the M’Naughten standard for the insanity defense “based upon outdated notions of mental illness.” One would imagine that that would be the end of it. Hardly!
What is the Insanity Defense Standard in Minnesota?
Believe it or not, Minnesota is one of the few states left that still applies the M’Naughten standard. According to to the Minnesota Statute: “No person having a mental illness or cognitive impairment so as to be incapable of understanding the proceedings or making a defense shall be tried, sentenced or punished for any crime; but the person shall not be excused from criminal liability except upon proof that at the time of committing the alleged criminal act, the person was laboring under such a defect of reason, from one of these causes, as not to know the nature of the act, or that it was wrong.”
What makes this significant is that it requires a much higher standard for the application of an “insanity defense” than may apply in most other states. In other words, it requires severe mental illness or incapacity. Even a break from reality including visions, delusions and more may be insufficient. It requires the two additional additional steps that the mental illness apply directly to the criminal offense and that the “insanity” apply at the time it took place.
What is the Process for Seeking an Insanity Defense in a Criminal Case?
This can be a complicated process. An experienced defense attorney must notice both the prosecutor and the court of the Insanity defense. The court will then order a mental capacity evaluation by a licensed psychologist to determine a defendant’s mental health and competency. If the psychologist determines that the person meets the standard of incompetency, those findings will be provided to the court pursuant to Rule 20.02. If the case is not dismissed at this point, then there is usually a stipulated trial in which there is an agreement of the facts by both prosecution and defense. Then, either a Judge or Jury will determine if the insanity defense applies. In other words, it is far less about whether something happened but rather what caused it to happen. If the Judge or Jury finds the insanity defense applies, the Defendant will be found not guilty by reason of insanity.
Make sure you have the best criminal defense attorney by your side.
If you are facing serious criminal charges in St. Paul or anywhere in Minnesota and the issue of mental illness or “insanity” is a question, it is important that you have an experienced criminal defense attorney by your side who is experienced handling clients with mental illness. St. Paul based Jack Rice Defense can help.
Jack Rice is a Board Certified Criminal Law Specialist and a former prosecutor. He has been practicing criminal law in St. Paul for decades and can sit down with you for a free confidential consultation. Contact Jack Rice Defense or call 651-447-7650 or 612-227-1339.