In the that recognize diminished capacity, a legally sane defendant may present evidence of mental illness to negate the specific intent required to commit a particular crime. Diminished capacity may be caused by intoxication, trauma or disease.

For example in People v. Frazier, the defendant, an Iraq military veteran, claimed his PTSD prevented him from forming the intent necessary to commit aggravated discharge of a firearm. In that case, the court rejected this defense.

In contrast, under the insanity defense, you may not be criminally responsible for your offense as a result of mental disease or defect where you lack the substantial capacity to appreciate the criminality of your conduct. The terms “mental disease or mental defect” do not include abnormalities manifested only by repeated criminal or otherwise antisocial conduct. In other words, you would not likely have an insanity defense if you were a serial killer without some other form of mental illness.

If you are mentally ill, but not insane, you may still be held criminally responsible for your conduct. This is known as guilty but mentally ill. In this sense, “mentally ill” means you had a substantial disorder of thought, mood or behavior which impaired your judgment, but not to the extent that you were unable to appreciate the wrongfulness of your behavior.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Did the police have probable cause to arrest you? Can the state prove all the elements of your offense beyond a reasonable doubt? Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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If you raise the defense, you have the burden of proving insanity by clear and convincing evidence. The state need not put on expert testimony to prove you are sane, but may rely on existing evidence to counter your case. The state must still prove you guilty of the crime itself beyond a reasonable doubt.

Mental illness, bizarre behavior or delusional behavior do not necessarily mean legal insanity but may be factors to consider in determining your capacity to appreciate the criminality of your conduct.

For example, in People v. Plackowska, the defendant stabbed two children and two dogs to death. The court found that while defendant had a mental illness, her efforts to put the knife down the garbage disposal, discard her cell phone and make up a story about an intruder proved that she knew she was committing a crime.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. If your sanity may be at issue, an attorney can help select and prepare any mental health experts on your behalf.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The post WHAT IS “LEGAL INSANITY” UNDER ILLINOIS CRIMINAL LAW? appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.

Legal insanity does not mean just any type of mental illness or inexplicable behavior. A serial killer’s actions sound insane, but the killer can still appreciate what they are doing is wrong and have the capacity, if not the desire, to conform their conduct to the law.

Legal insanity does not mean diminished capacity, a defense no longer used in Illinois. The fact you committed the crime when you were too drunk to think straight will not excuse your conduct.

Illinois law does recognize the verdict of guilty but mentally ill, where your judgment was impaired by mental illness, but you still knew what you did was wrong. This verdict, however, does not relieve you from punishment.

Under the Illinois Insanity statute, a person is not criminally responsible for their acts if at the time, as a result of mental disease or mental defect, he or she lacked substantial capacity to appreciate the criminality of his or her conduct. (See Insanity.)

Insanity does not mean a person is innocent. In fact, the state must prove you guilty of all elements of the crime beyond a reasonable doubt. Then you must prove your legal insanity by clear and convincing evidence.

Because the defendant must prove insanity, it is critical to present the most compelling evidence possible. A criminal law attorney who is experienced in this defense knows that a credible doctor’s testimony can make or break a case. Your acquaintances may testify about how they saw you immediately before or after the crime, but their testimony is no substitute for an expert’s.

The court will pronounce you guilty of the offense before finding you “not guilty by reason of insanity.” The benefit of such a verdict is that you will likely avoid prison. You can instead be committed to a mental hospital until you are considered well enough to be released.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.).

The post THE INSANITY DEFENSE IN ILLINOIS appeared first on A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160.