22 January, 2021

There is a lot of mystery surrounding the insanity defense, what it means, and what using the insanity defense would look like in different cases. 

While the insanity defense has undergone a lot of changes from the time it was first used, this article outlines some of the key attributes of the insanity defense and gets into what percentage of all criminal cases use the insanity defense. 

Continue reading to learn more about the insanity defense or give Leyba Defense a call to speak with a seasoned criminal defense attorney

Insanity Defense

Here at Leyba Defense, we’ve been serving clients who are facing criminal charges for more than a decade and our firm would be honored to use our legal expertise to serve you. 

To schedule a consultation with seasoned criminal defense attorney, Matthew Leyba, give our firm a call at 206-258-6049.

What Percentage Of All Criminal Cases Uses the Insanity Defense?

So what percentage of all criminal cases use the insanity defense? Despite its popularity in news coverage and media, only a small number of cases actually use this defense, with only about 1% of criminal cases using the insanity defense. 

Even fewer cases successfully use it, as studies show that when the insanity defense is used, only around 30 cases per year have the court rule in their favor. 

What Happens When the Insanity Defense Is Used?

While in the past, the burden of proof was placed on the prosecutor to show that the defendant was not insane at the time of committing the crime (and thus capable of understanding the gravity of his/her criminal actions), this standard has changed, and now many states require the defense team to demonstrate that the defendant was insane at the time the crime was committed.

Many states have also changed or eliminated the insanity defense entirely. Rather than stating the defendant not guilty by reason of insanity, many states now rule the defendant guilty but legally insane (whereby the defendant may then be committed to institutionalization at a psychiatric facility).

When a defendant uses the insanity defense, there is a process used to establish or determine insanity via a series of tests. These tests include:

  • The M’Naghten Rule
  • The Durham Rule 
  • The Irresistible Impulse Test
  • The Model Penal Code Insanity Test

Contact a Seasoned Criminal Defense Attorney Today 

If you or someone you know is facing criminal charges, get in touch with a criminal defense attorney immediately. 

Criminal charges are extremely serious and have the potential to affect every facet of your life — both current and future. Any kind of criminal charges deserve to be taken seriously and addressed with care. 

If you would like to speak with a seasoned criminal defense attorney, contact Leyba Defense today. Matthew Leyba is a skilled criminal defense attorney with over a decade of experience in the field. Leyba Defense offers a free 30-minute initial consultation for first-time clients, if you would like to schedule your free consultation with the firm, give Leyba Defense a call today.