Insanity defense is based on the principle that punishment is justified only if the defendant is capable of controlling their behavior and has an understanding that what he or she has done is wrong. Some people suffering from mental disorders are incapable of differentiating right from wrong and therefore insanity defense prevents them from being criminally punished. Defendants who are not found guilty by reason of insanity are sent to a mental institution until their sanity is established.
What happens to a defendant if he/ she is judged “incompetent to stand trial?”
Apart from insanity as a defense to criminal charges, the question may arise as to whether or not a defendant is mentally capable to face a trial. Defendants suffering from a mental disorder cannot be prosecuted because they are not in a position to understand the proceedings and assist in the preparation of their defense.
Based on the unusual behaviour of the defendant, a judge, prosecutor or a defense attorney may ask that the trial be delayed until the defendant has been examined and their ability to understand the proceedings has been determined in a court hearing. If a judge finds that a defendant does not comprehend what is going on, the defendant will probably be placed in a mental institution until their competence is re-established.
Contact Criminal Defense Lawyer in Spring Valley, NY
Whether you are accused of a misdemeanor or felony or another type of crime, Reuven J. Epstein, criminal defense attorney in Spring Valley, NY, is ready to fight for you. We have successfully defended the rights of numerous clients accused of serious crimes. Call 845-459-0002 to schedule your appointment with Attorney Reuven J. Epstein. You can also email us at firstname.lastname@example.org / email@example.com.