Understanding the Insanity Defense in Nevada: A Detailed Overview
The insanity defense is a complicated and often misunderstood legal tactic, but it can be crucial in Nevada criminal cases, especially those involving serious crimes like homicide and murder. According to Nevada law, specifically NRS 175.539, a defendant might be found not guilty by reason of insanity if, at the time of the crime, they couldn't understand the nature or wrongfulness of their actions due to a severe mental illness or defect. While this defense can result in an acquittal, it also sets off a series of legal steps to ensure community safety and proper treatment for the defendant.
Procedure for a Plea of Not Guilty by Reason of Insanity in Nevada
When facing criminal charges in Nevada, defendants may raise various defenses, one of which is a plea of not guilty by reason of insanity. This defense is governed by NRS 174.035(6) and allows a defendant to claim they were legally insane at the time of the offense and, therefore, should not be held criminally responsible. Here's what you need to know about the procedure for entering this plea.
Legal Standard for Insanity in Nevada
Under NRS 174.035(6), a defendant may plead "not guilty by reason of insanity" if, at the time of the offense, they were incapable of understanding the nature and quality of their actions or distinguishing between right and wrong due to a mental disease or defect. Nevada follows theM'Naghten Rule, which focuses on whether the defendant understood their actions and knew that they were wrong.
Nevada outlines the procedure for the rule in NRS 174.035(6), by stating:
The defendant may, in the alternative or in addition to any one of the pleas permitted by subsection 1, plead not guilty by reason of insanity. A plea of not guilty by reason of insanity must be entered not less than 21 days before the date set for trial. A defendant who has not so pleaded may offer the defense of insanity during trial upon good cause shown. Under such a plea or defense, the burden of proof is upon the defendant to establish by a preponderance of the evidence that:
(a) Due to a disease or defect of the mind, the defendant was in a delusional state at the time of the alleged offense; and
(b) Due to the delusional state, the defendant either did not:
(1) Know or understand the nature and capacity of his or her act; or
(2) Appreciate that his or her conduct was wrong, meaning not authorized by law.
Procedure for Entering an Insanity Plea
The plea of not guilty by reason of insanity must be filed in writing at least 21 days before a Defendant's Trial. It can also be entered at the time of arraignment. Once the plea is entered, the court will address the defendant's mental state at the time of the offense.
After the plea is entered, the case can proceed to Trial, at which time both the counsel for the defense and the prosecution may present expert testimony from mental health professionals who have assessed the Defendant and formed opinions about his or her mental health diagnoses and actions at the time of the alleged offense.
At Trial, the burden is on the Defendant (one of the rare occurrences where the Defendant has an obligation to present evidence, as the burden of proof is typically exclusively with the State during criminal cases. The defense must prove insanity as outlined in the Statute above by a "preponderance of the evidence" standard, which essentially means more likely than not. This standard of proof is lower than "beyond a reasonable doubt" but still requires proof to support the claim. The State still has to prove a Defendant guilty beyond a reasonable doubt in the case of an Insanity defense before a conviction can enter.
Legal Basis for the Insanity Defense in Nevada
The idea behind the insanity defense is that some individuals, due to mental illness, can't form the intent needed to be held criminally accountable for their actions. In Nevada, the process for using this defense is set out by NRS 175.539, which details the steps required when a defendant is acquitted on insanity grounds.
1. Initial Acquittal and Evaluation:
If a jury finds a defendant not guilty by reason of insanity, the court orders a peace officer to take the defendant into protective custody.
The defendant is then taken to a forensic facility designated by the Division of Public and Behavioral Health for evaluation.
Two mental health professionals—psychiatrists, psychologists, or a mix of both—who work at a state division facility, will examine the defendant.
2. Court Hearing and Decision:
A hearing is held in open court where the mental health professionals' reports are presented.
Both the defense and prosecution can present testimony, cross-examine witnesses, and introduce additional evidence.
The judge then decides if the defendant is mentally ill based on "clear and convincing evidence."
3. Possible Outcomes:
If the court finds there isn't enough evidence that the defendant is mentally ill, the defendant is released immediately.
If the court finds the defendant is mentally ill, they are committed to the custody of the Administrator of the Division of Public and Behavioral Health until considered safe to be released.
4. Reporting Requirements:
The court must report the acquittal to the Central Repository for Nevada Records of Criminal History and the National Instant Criminal Background Check System.
Insanity Defense in Homicide Cases
In homicide cases, the insanity defense is particularly important due to the severe consequences involved. This defense requires a detailed evaluation of the defendant's mental state at the time of the crime, including their ability to understand their actions or distinguish right from wrong. Here's how the process typically goes in a homicide case:
1. Introducing the Insanity Defense:
The defense attorney must inform the court and the prosecution of their plan to use the insanity defense, usually by filing a formal notice within a specified period (at least 21 days) before the trial.
Expert witnesses, like forensic psychiatrists or psychologists, are often brought in to testify about the defendant's mental state.
2. Role of the Jury:
The jury must decide if the defendant was insane at the time of the offense, based on the court's instructions. In Nevada, this means the jury must find that the defendant was suffering from a severe mental illness that made them unable to understand the nature or wrongfulness of their actions.
3. Consequences of the Verdict:
If the jury finds the defendant not guilty by reason of insanity, the defendant is committed to a state mental health facility instead of being sent to prison. The commitment can last indefinitely, depending on the defendant's mental health and the risk they pose to public safety. If however, a defendant is deemed not to be a danger, the person is released.
Challenges and Considerations
1. Burden of Proof:
In Nevada, the defense must prove insanity by clear and convincing evidence, which is a high standard requiring substantial proof of the defendant's mental illness and its impact on their behavior.
2. Public Perception:
The insanity defense is often misunderstood and stigmatized, which can affect how jurors view the defense.
3. Potential for Long-Term Confinement:
A successful insanity defense often results in long-term confinement in a mental health facility, potentially longer than a prison sentence would have been. This is of course less of a concern in a homicide or murder case where the potential punishments are much higher.
The Importance of an Experienced Attorney
Given the complexity and stigma of the insanity defense, having a seasoned criminal defense attorney is crucial. Josh Tomsheck, a nationally board-certified criminal defense lawyer and former Chief Deputy District Attorney in Clark County, has successfully handled many high-stakes criminal cases, including those involving the insanity defense.
Josh Tomsheck's extensive experience allows him to manage both the legal and medical aspects of this defense strategy effectively. His understanding of mental health laws and his connections with expert witnesses help him build a strong case for clients who genuinely need the insanity defense.
The insanity defense under NRS 175.539 offers a vital legal route for defendants who, due to severe mental illness, can't be held criminally responsible for their actions. However, it is a challenging defense that requires thorough preparation and a deep understanding of both legal and psychological principles.
For those facing serious charges like homicide or murder in Nevada, working with an experienced attorney like Josh Tomsheck is essential. His expertise ensures that the defense is handled with the highest level of professionalism and dedication, aiming for the best possible outcome. If you or a loved one needs legal representation for an insanity defense case, reach out to Josh Tomsheck and the law firm of Hofland & Tomsheck today.
