Defenses to Crimes

Insanity Defenses

In Michigan there were two types of criminal defenses related to mental impairment:

(1) The "diminished capacity" defense

(2) The "insanity" defense

Recently, however, the Michigan courts and legislature have essentially eliminated the diminished capacity defense and made the use of the insanity defense much more complicated. Only an experienced attorney who stays on the cutting edge of Michigan mental insanity defenses can guide you through this complex, ever-changing legal defense to criminal charges in Michigan.

The "Diminished Capacity" Defense

Until a few years ago, The diminished capacity defense was a common criminal defense in Michigan. Under the diminished capacity defense, a legally sane defendant was allowed to offer evidence of a mental abnormality (short of insanity) to show the absence of the specific intent required to commit a particular crime. In Michigan some crimes but not all require the prosecutor to prove the defendant's state of mind or that the defendant intended to commit the crime. Lawyers call this the mens rea.

However, the Michigan Supreme Court ruled in 2001 that any criminal defense relating to the defendant's mental capacity, (short of insanity) used to avoid or reduce criminal responsibility, is no longer allowed.The Court stated that (the insanity defense) as established by the legislature is now the sole standard for determining criminal responsibility.

However, the elimination of the "diminished capacity" defensein Michigan courts does not mean a legally sane defendant can never present evidence of mental disorder or limited mental capacity whenthatevidence is relevant to case issues.The evidence simply cannot be used to negate the required criminal intent (or specific intent or mens rea.)

The "Insanity" Defense

Under current law, the only viable criminal defense in Michigan courts based on the defendant's mental incapacity, is the insanity defense. It is a complex, often misunderstood area of criminal law. Our criminal defense team attorneys are familiar with all the procedural and strategic details of the insanity defense. We will work to ensure, if the insanity defense is raised in your case, that your rights and freedoms are protected to their utmost.

According to Michigan law, it is a defense to criminal prosecution that the defendant was legally insane when he or she committed the "criminal" acts. The definition of "legally insane" is that the defendant, as the result of mental illness or retardation as defined by the Michigan mental health code, "lacks substantial capacity either to appreciate the nature and quality or the wrongfulness of his or her conduct, or to conform his or her conduct to the requirements of the law."

You must understand that the requirements in this law are very specific. Quite often defendants have been diagnosed with mental illness or retardation according to the state health code, and they display psychotic behavior. Therefore, especially in situations where specific intent needs to be proved, successfully prosecuting such defendants can be difficult for the prosecuting attorney.

On the other hand, Michigan law, also requires that a criminal defense team considering the insanity defense must jump through several hoops and overcome several obstacles. For instance,the lawyer needs to give statutory notice of intending to assert the insanity defense; they need to specifically raise the insanity defense; they may need to arrange for an independent psychiatric evaluation of the defendant and they need to prove the defense of insanity by a preponderance of the evidence. Therefore, it is best if you speak with our defense team as rapidly as possible. You can reach us at 1 866-766-5145.

Perhaps most importantly, defense attorneys are prohibited from advising the jury that a defendant acquitted through the insanity defense does not get off "scot free." Even if acquitted, a defendant using the insanity defense must be immediately committed to the Center for Forensic Psychiatry for up to 60 days, undergo a thorough battery of psychiatric tests, and may be confined to one or more institutions.

Our tough criminal defense lawyers will work with expert mental health professionals to gather evidence of diagnoses and treatment of the defendant's mental condition, ranging from schizophrenia and manic depression to a variety of developmental disorders. We thoroughly investigate the possible insanity defense and follow through methodically throughout the criminal proceeding to ensure the most positive result for our client. Our trusted attorneys have successfully represented clients throughout the state of Michigan for decades. You can reach our team by call 1 866-766-5245.