Experts: Insanity defense is difficult to use in court
Sept 7, 2019
The first public glimpse of Matthew Bernard as a crime suspect occurred as he emerged naked from a tree line and ran around front of a group of reporters armed with cameras.
Upon arrest, he is reported by authorities to have repeatedly slammed his head into the cage inside a police car and needed treatment at two hospitals, where he was put on suicide watch.
The behavior of Bernard — now charged in a triple-homicide — soon prompted some family and friends to question his mental health, with one cousin publicly stating that he likely was unaware of his actions. A police investigator even noted the "erratic behavior" in a search warrant as a reason to test his blood for intoxicating substances.
Even so, experts caution that odd behavior and questions of mental health might not be enough to explain Bernard’s actions in a Virginia court, should his defense attorneys opt for the insanity defense. For one, the criteria for legal insanity are difficult to prove....
Simply put, defense attorneys would have to prove Bernard didn't realize the crime he is accused of committing was wrong and that he couldn’t stop himself from committing it.
For that reason, defense attorneys in courtrooms nationwide rarely opt to argue that a client is not guilty by reason of insanity, said Liza Gold, a forensic psychiatrist from Arlington.
"The insanity plea is used almost never," she explained. "There aren't really any recent statistics, but those available show that less than 1% of all criminal cases go for the insanity defense."
Of the 1% of defendants who claim insanity, Gold pointed out, only a quarter of them are successful....
"You're either dealing with a defendant who's super cunning and trying to appear insane, or someone with an actual mental health issue," Demleitner said. "I think it's the latter.""
Experts: Insanity defense is difficult to use in court