When a person is charged with a crime, he or she can plead not guilty and then it will be up to the prosecutor to prove otherwise. The prosecutor must prove beyond a reasonable doubt that the defendant did commit the crime. However, some people will admit they committed the crime, but plead insanity. A criminal defense lawyer may help defendants build a case demonstrating insanity.
How Insanity is Defined
In most criminal cases, there is intent by the perpetrator to commit the crime. If a person cannot understand what he or she is doing, then it may mean that the individual does not have a normal mental capacity and may not understand the consequences or right and wrong of his or her actions.
When someone is mentally ill, the general belief is that it may be better to treat the person at a mental institution than to imprison him or her.
The Moral Penal Code is enacted when pleading insanity or diminished capacity. Essentially, it means that if the perpetrator has a mental disease – which will need to be confirmed by a professional – or did not understand the criminality of his or her conduct then he or she may not have to serve time in jail and may instead be rehabilitated using psychotherapy.
However, this specific part of the law is not very clear so the person pleading insanity is relying heavily on the jury to make the decision.
Contacting a Criminal Defense Lawyer
Those accused of a crime should consult legal counsel to go over their rights during the legal process. Professional legal help is often the best strategy. A criminal defense lawyer can determine if an insanity defense is the right move for a client facing charges in Miami. Falk & Ross Law Firm can provide legal consultation and representation to individuals who are facing criminal charges.