Mental Illness That’s Not Legal Insanity: Is it a Defense to Murder Charges?
When it comes to mental illness, there is a contradiction. On the one hand, almost anybody who murders someone else could be said to be mentally ill; healthy, sane people don’t just kill other people. On the other hand, if mental illness were a foolproof defense to murder, that would mean that everybody who murders someone, who is presumably mentally ill, would never be convicted of those murders.
That’s why, if you are formulating a defense to a murder charge, simply having a mental illness will not be enough for you to be found not guilty because of insanity.
What you need is an experienced Louisiana homicide defense attorney at the Law Offices of Philip B. Adams to help you with such complicated legal matters.
Mental Illness vs. Legal Insanity
Yes, mental illness is one factor in a successful insanity defense in Louisiana. But we know from our day-to-day lives that many people with mental illness are very successful, with thriving businesses and social relationships. Not everybody with a mental illness commits a crime, much less murder. So clearly, just having a mental illness isn’t enough to excuse a murder.
More important to a valid defense are the effects that the mental illness has on a person, and the severity of that illness.
To be truly not guilty or excused because of insanity, the mental illness suffered by the Defendant must be so severe that the person didn’t understand right from wrong, and didn’t understand what he was doing or the consequences of his actions.
That is a very high bar, and one that has to be proven by the Defendant trying to show insanity. However, there are some mental illnesses that, by their very nature and with severity, could meet this standard.
What if You’re “Just” Mentally Ill?
But what if you are “just mentally ill,” that is, mentally ill, but not so much that you meet the actual definition of legal insanity, and you feel that the mental illness contributed in full or in part to a murder charge? Can just the mental illness, without more, be used as a defense to a murder charge?
The answer is yes, but to a point. Mental illness can be used to reduce the severity of the charges against you, or to convince the state to offer you a much more favorable plea bargain offer.
The existence of mental illness can also potentially lower the degree of murder. Many types of murder require a showing of intent or purposefulness. If someone is suffering from mental illness, that may tend to negate intentionality or even malice. Without that, the state might have a hard time proving someone guilty of a higher degree of murder.
The Role in Sentencing
Mental illness may also come into play in sentencing. Even if someone is convicted, mental illness is something a judge or jury might consider when determining what a reasonable sentence should be. Some Defendants, facing the death penalty, have argued against death and gotten a lighter sentence, based on a history of mental illness.
Contact the Law Offices of Philip B. Adams today. We are relentless and aggressive Louisiana criminal defense lawyers. Complete our "Contact Us" page here. You may significantly benefit by having an attorney with legal competence and experience assist you with your Louisiana criminal case. Our office is in Shreveport, and we handle criminal defense cases throughout Louisiana.
