REFRESHER (for Dr. Lewis):
1. What is “insanity” under Colorado law?
Defendants are considered
insane at the time of the offense if they were
either:
- so diseased or defective in mind as to be incapable of distinguishing right from wrong; OR
- suffering from a condition of the mind caused by mental disease or defect that prevented them from forming a culpable mental state that is an essential element of a crime charged.
Under the first prong, the defendant’s mental capacity to distinguish between right and wrong is measured against the
societal standard of what is right and wrong. It is
not a subjective standard.
And the second prong – where the defendant is so disordered that he/she cannot form
criminal intent – applies only to cases where the defendant is facing charges for a “specific intent” crime.
Specific intent crimes are offenses where the defendant’s mindset is an element of the crime, such as first-degree murder or assault.
In short, people are legally insane when – at no fault of their own – they are so
mentally incapacitated that they cannot tell what is wrong
or form criminal intent.
Potential
examples of conditions or mental disorders that cause insanity include:
- Severe neurological disorders,
- Schizophrenia,
- Bipolar disorder,
- Poisoning with fumes or toxic substances, or
- Any other medical condition that produces serious delusions or a break with reality
Tests for insanity
Insanity and mental illness often overlap, but they are
not the same. A person can be mentally ill without being insane. (Note that Colorado is
not a state that allows defendants to plead
guilty but mentally ill (GBMI).)
M’Naghten Rule
Colorado’s definition of insanity is adapted from the
M’Naghten Rule: Even if the defendant knew the nature and quality of what he/she was doing, he/she is insane if he/she did
not know it was wrong. In short, the defendant has
total cognitive disability. It is not considered insanity if the defendant knew his behavior was wrong but could not control it (“volitional incapacity”).
Federal Test
The
Federal Test for insanity – codified in a statute in 1984 by Congress – also requires total cognitive incapacity: A defendant is insane if
clear and convincing evidence shows his/her mental disease or defect prevented him/her from appreciated his/her conduct’s wrongfulness or nature and quality.
Irresistible Impulse Test
Colorado’s definition of insanity also draws upon the
Irresistible Impulse test. Under this test, a person is insane if he/she had an
uncontrollable impulse, was unable to choose his/her behavior, and could not control his/her actions.
Model Penal Code Test [N/A Colorado]
Other jurisdictions rely on various tests for insanity. For example, the
Model Penal Code Test defines insanity as having a mental disease or defect precluding the person from having substantial capacity to recognizes the wrongfulness of the conduct or follow the law.
Unlike the M’Naghten Rule, the defendant does not need to totally lack mental capacity to be found insane.
Product Test
And under the
Product Test (also called the Durham Test) –
which is no longer followed – criminality was excused if it was the result of the defendant’s mental disease or defect.
[Dr. Lewis cited the Durham Test in her response to Prosecutor Young about defining Insanity in the State of Colorado].
The insanity defense in Colorado negates criminal liability if the defendant suffered from a mental condition that prevented him or her from knowing right from wrong, or from being able to formulate the criminal intent necessary for the crime. Defendants found not guilty by reason of insanity...
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