How To Plead Insanity Defense

1038 Words5 Pages
Insanity Defense Paper CJA/354 February 9, 2014 Insanity Defense Paper As a member of a defense team at some point you will have to decide how you want your client to plead. One of the more controversial and often discussed defense pleas is to plead insanity. In order to plead insanity the defense will have to prove that the defendant was indeed not able to think clearly at the time of the crime. Each state has differing requirements for an insanity defense and that can change if one can actually plead insanity. Once the defense has decided on pleading insanity it is up to the prosecution to prove that the defendant was not insane and committed the crime with a clear mind. In the case of State v. Stu Dents you have a man, Mr.…show more content…
The defendant must be competent to stand trial, therefore, must be able to understand the process of the trial, mentally stable enough to interact with the counsels for their defense. The defendant must also prove to the jury at the time of the offense the criminal act was a result of mental disease or mental defect (Montaldo, 2014). The defense should have convincing evidence and preponderance evidence the defendant was mentally ill, by undergoing testing conducted by a psychiatrist to determine the defendant’s mental state at the time the crime was committed. The medical expert would have to disclose to the judge and jury the defendant did not understand their actions were illegal. The instability of the defendant could have been, however, with the proper treatment they could recover. The defense is required to prove the lack of mental ability to commit such a criminal act. The standard of right and wrong must be established to prove…show more content…
Stu Dents the defendant’s journal entries identified that he was obsessed over Uma Opee. Over 300 pictures were found stapled to the walls of Mr. Dent’s apartment. Many of the photos were of the victim who was unaware that she was being watched during her public encounters. The journal entries dated six months into Stu Dents and Uma Opee initial interactions. The defendant included clear evidence of the materials that was used to retain and murder the victim that was found at the scene. Stu Dents wrote about aliens and how the world was going to end. The defendant displayed the very same actions when he was taken into custody by law enforcement. Stu Dents was not previously diagnosed with a mental illness; however, he displayed that he had difficulty with identifying reality versus
Open Document