Insanity Defense in Criminal Courts
When the criminally accused are set for trial, they must begin by choosing a plea at their arraignment. At the arraignment, the information and the indictment are read to the criminal defendant. After the information and indictment have been read, then the criminal defendant is asked for their plea. Defendants have four options to choose from for their plea: guilty, not guilty, nolo contendere, and not guilty by reason of insanity.
Common Pleas
The first and most common plea used is the “guilty” plea. Guilty pleas are used when the defendant agrees to having committed the crime to which he or she has been accused. Guilty pleas are often used if a prosecutor offers a plea bargain to he defendant. If the defendant
…show more content…
Not guilty pleas are used when the defendant claims that they did not commit the crimes to which they have been accused. Since everyone is innocent until proven guilty by a court of law, the not guilty plea may be the most common. To prove a criminal defendant guilty, the prosecutor must prove that the defendant is guilty beyond a reasonable doubt. To prove guilt beyond a reasonable doubt, the evidence must establish “a particular point to a moral certainty and that it is beyond dispute that any reasonable alternative [was] possible” (“Beyond a Reasonable Doubt”).
Although this plea is not used by many, “nolo contendere” is another option that criminal defendants have. If a criminal defendant were to plead nolo contendere, this means that they do not wish to contest the charges to which they have been accused. In simpler terms, the defendant does not deny or admit the charges that have been made against them. The court usually treats a nolo contendere plea as a guilty
…show more content…
Although it may seem as if insanity and incompetency should go hand-in-hand, they rarely do. Competency is often determined by a judge and is usually assessed before the trial begins. If there seems to be no issue with competency before the trial begins, it can be assessed later during the trial if a situation arises that may affect it. According to the Forensic Panel:
At any time during a criminal proceeding that the defendant is thought to be unable to show a rational and factual understanding of his charges or the legal process, or unable to communicate with counsel, he or she may be tested for competence to stand trial. Status of a competency assessment may change suddenly, but ascertaining whether such an incapacitation has taken place requires a diligent examination of several pertinent areas. In an instant, even the most able executive can become incapacitated. (Forensic