You’ve probably heard of – or even seen on television – examples of the insanity defense. Generally, when someone wants to use an insanity defense, they’re saying that they can’t be held responsible for committing a crime because they weren’t thinking clearly at the time they committed it.
The insanity defense is real, but it’s not necessarily the same as what you see on your favorite crime shows.
In Wisconsin, a defendant can claim “temporary insanity” as a defense. The terms of the temporary insanity defense are outlined in Wisconsin Statute 971.15(1):
“A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacked substantial capacity either to appreciate the wrongfulness of his or her conduct or conform his or her conduct to the requirements of law.”
The requirements are that a person must have had:
· a “mental disease or defect” (what we colloquially refer to “insanity”).
· “at the time of such conduct,” meaning the conduct for which the person has been charged
criminally.
For an “insanity defense” it matters what a person’s mental state was at the time of the alleged conduct, not before, afterwards.
How to plead the “insanity defense”?
The statute addresses only whether a person is “responsible” for criminal conduct. It does not address guilt. Therefore, a person charged with a crime and for whom the above statute may apply still has to decide how to plead to the crime. A person can plead guilty or not guilty and still invoke 971.15(1).
Will You Be Punished if You’re Found Not Guilty by Reason of Insanity?
If you’re found not guilty by reason of insanity, the court will have to determine whether you will ever be fit to stand trial for the crime. Either way, you’ll most likely be sentenced to treatment in a mental health facility. Remember, not guilty by reason of insanity doesn’t mean that you’re not guilty of the crime; it means you’re guilty of the crime, but you can’t be held criminally liable.
Should you or a loved one find yourself charged with a crime it is very important to contact an experienced attorney so you can discuss all your options. At Jones Law Firm we can help. Contact us today to set up a consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
