You may or may not have kept up with the Aurora theater shooting trial in Arapahoe County a while back, but if you did, you may have witnessed the Insanity phase of the criminal trial. Sometimes, evaluating a defense of Insanity requires a large amount of insight. In today's blog, we'll take a deeper look at the law regarding Insanity in criminal cases. We'll also discuss whether the Insanity defense is appropriate to utilize in a murder / homicide case.A criminal defense lawyer is vital when utilizing the Insanity defense in a criminal case.
Why Focus on the Insanity Defense in a Colorado Case?
According to C.R.S 18-1-802,
“A person who is insane, as defined in section 16-8-101, C.R.S., is not responsible for his or her conduct defined as criminal. Insanity as a defense shall not be an issue in any prosecution unless it is raised by a plea of not guilty by reason of insanity as provided in section 16-8-103, C.R.S.”
With this in mind, let's take a closer look at what the law defines as “Insanity” across Colorado. The definition of Insanity, C.R.S. 16-8-101.5 is:“
(1) The applicable test of insanity shall be:
a) A person who is so diseased or defective in mind at the time of the commission of the act as to be incapable of distinguishing right from wrong with respect to that actis not accountable; except that care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions, for, when the act is induced by any of these causes, the person is accountable to the law; or
(b) A person who suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged, but care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives and kindred evil conditions because, when the act is induced by any of these causes, the person is accountable to the law.”
Is Insanity a Valid Defense in Denver?
An expert criminal defense lawyer will help the jury clearly see someone's mental illness in its entirety.
In Adams and Denver County, the Insanity defense can be tough to utilize in a murder / homicide case. But, it's not impossible. That's why an experienced defense lawyer is crucial. In a murder / homicide case, along with many other criminal cases, a criminal lawyer is responsible for helping the jury see a person's mental illness in its entirety. It's also the job of an attorney to prove how a person's ill state of mind influenced that person to commit a crime. A criminal defense attorney may also be able to impact a jury's decision with:
Trustworthy testimony of others
Evidence of irrational behavior of a defendant
A large goal of an aggressive defense lawyer is to prove to a jury that the defendant was suffering from a severe mental disease. A person will be seen as Insane by the jury if he or she didn't know what was going on at the time of an offense. Maybe he or she wasn't able to define right from wrong at the time a crime was committed, or he or she was suffering from a mental illness that made it difficult to understand the crime he or she was committing. This could lead to success in utilizing the Insanity defense.
Why You Need the Best Insanity Defense Attorneys in Denver
The mentally ill need to be protected. That's why our attorneys fight so hard in their use of the Insanity defense.
For those who truthfully do suffer from a mental illness, the Insanity defense is vital. The unfortunate part of the Insanity defense is that too many people try to use it to get a defendant out of a crime they've knowingly committed. The Insanity defense even gets overlooked by the jury in some cases where people are truly insane because its frequent use as a defense makes it less credible. Despite the frequency of the Insanity defense use, it's often the last resort for an attorney and his client. If someone you love has committed a crime without understanding what was going on, we want to help. The mentally ill need protection and care, which is what the lawyers at the O'Malley Law Office want to provide. Call our office today to schedule a free initial consultation with us.
Get Help Now
If your loved one is facing criminal charges in Jefferson, El Paso or Denver County, and is mentally insane, contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your loved one's future.Request a Free Consultation
Image Credit: Pixabay – tpsdave
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