Pleading Not Guilty by Reason of Insanity in Greeley
Honestly, pleading insanity is not as easy as the movies and TV make it seem. In fact, it is a tough defense to use. The Colorado laws are written very specifically because they want insanity to be a difficult defense. They are worried people will use it as a “get out of jail free card.” The legislature does not want people claiming they had no idea what they were doing, when in reality, they did. What makes this defense so powerful is that if you qualify, you cannot be held responsible for your actions, including Homicide and Sexual Assault. In Weld, Morgan and Logan County, this defense applies to all crimes.
What is the Definition of Insanity?
Colorado law defines insanity as:
You can also be considered insane if you “suffered from a condition of mind caused by mental disease or defect that prevented the person from forming a culpable mental state that is an essential element of a crime charged.” Basically, these two definitions say that to be considered insane, the accused could not have intentionally or knowingly done something. There are many mental health tests performed and court procedures followed before someone can qualify for the insanity defense.
Insanity: All or Nothing
As a criminal defense lawyers, we don’t disagree with this defense strategy and do believe that it should only be by those who truly did not know what they were doing when they committed a crime. However, we also see there are people out there who are mentally compromised, but do not qualify for this defense. We believe in Greeley, Evans and Erie there should be some special considerations given to people who are not all there mentally, but still considered sane – especially when these mental issues affect their ability to make good decisions.
Insanity Does Not Mean Freedom
Just because a person successfully uses the insanity defense does not mean they are completely off the hook for what they did. If the court finds the accused meets all the necessary criteria, and enters a finding of insanity, the accused will be committed to a psychiatric hospital for an indefinite amount of time. If the professionals working with the defendant feel that he or she is safe to return to the community, a hearing is scheduled and the court must authorize the release. Because the confinement is indefinite, someone could spend many years in the hospital, like the Mental Health Institute in Pueblo, before being considered for release.