An insanity defense is a legal argument utilized by a defendant who claims they are not responsible for their actions because of a mental health disorder. They argue this condition made it impossible for them to tell the difference between right and wrong. Criminal defense attorney David S. Washington, Jr. serves clients throughout the Hamilton, Ohio, area; below, he discusses the insanity defense in more detail.

Cognitive Insanity

There are two types of insanity defenses that can be used in most states. Cognitive insanity asserts the defendant did indeed commit the crime in question, but they cannot be held accountable because of a mental incapacity. They attest this incapacity prevented them from understanding the criminal nature of their behavior and the intent necessary to make the act a crime. Since intention is a requirement for proving guilt, a cognitive insanity defense can throw the issue of intent into question, which is good news for a defendant.

Volitional Insanity

A few states recognize a second type of insanity defense known as volitional insanity. Also called the "irresistible impulse defense," this arguments states a defendant knew their behavior was criminal, but they were unable to stop themselves from involuntarily committing it. In most cases, one must commit a crime voluntarily to be convicted. A position of volitional insanity removes the matter of voluntary action from the crime and can throw the prosecution's case into doubt.

Success of the Insanity Defense

The insanity defense has had varying rates of success since it was first introduced in the 19th century. One study claims only one in four who utilize it are successful. It's important to understand, however, that the details and circumstances of every case are markedly different, and a skilled criminal defense attorney can make an insanity defense work when it truly applies to a defendant who stands accused.

To learn more about the insanity defense or other criminal law matters and how they could impact your case, contact criminal defense attorney David S. Washington, Jr. He also offers representation in domestic violence, personal injury, and drug cases. Call (513) 751-1400 or like his firm on Facebook to schedule a consultation.