One of the most misunderstood and controversial defenses is the insanity plea. TV shows and movies often portray it as a get-out-of-jail-free card for obviously guilty defendants. In reality, the requirements are strict, and successful insanity defenses are rare. An Illinois lawyer can help you figure out if you qualify.
What Exactly Is an Insanity Defense?
In Illinois, the insanity defense comes from the principle that a person cannot be held criminally responsible if, due to a mental disease or defect, he lacks the capacity to appreciate the criminality of his conduct. The defense does not dispute that the defendant committed the act, only that he was legally insane at the time.
Two Elements Must Be Present
To raise an insanity defense, the defendant must prove by clear and convincing evidence that: