Austin Criminal Defense Lawyers

Texas and the Insanity Plea

The insanity plea is a legal defense in which the defendant admits to committing a crime, but argues that his or her responsibility is diminished by a mental disorder. Laws allowing the insanity plea as a valid defense were first codified during the M’Naghten trial in England in 1843. Since then, the United States have been developing and frequently changing different versions of the law.

What does “Insanity” Mean in Texas?

Texas has some of the most restrictive laws concerning the insanity plea in the US. In order to qualify as legally insane, a defendant must be able to demonstrate that at the time of the crime, he or she did not understand that his or her actions were wrong. This is a common definition of insanity, but Texas law is unusual in some ways:

• The law does not clarify whether the word “wrong” refers to morality or the law.
• Jurors are not given any guidance on how to define “wrong.”
• Jurors are not informed of what the sentence for the defendant will be if he or she is found not guilty by reason of insanity.

Does the Insanity Plea Work?

Although many people worry about defendants literally getting away with murder by using the insanity plea, these fears are overblown. This defense is rarely even attempted: it is only used in about 1% of federal trials. And among the very small number of defendants who use it, only 26% are found legally insane by the jury.

These outcomes can be a tragedy for defendants who are genuinely mentally ill. Their chances of getting the treatment they need in prison are few small. Furthermore, having a felony conviction on their records will make it very difficult for them to find jobs and housing. This may alienate them further at a time when they need assistance and support.

Contact an Austin Defense Attorney

If your or a loved one is facing criminal charges, contact experienced Austin criminal defense attorney Ian Inglis at 512-472-1950.