ABA Family Legal Guide

Criminal Justice

Court Procedures

Defenses Against Criminal Charges

Is incompetence the same as an insanity defense?

Being incompetent for trial differs from being insane at the time of the offense. Insanity is a defense to certain crimes that require proof of intent. For example, it could be argued that one who is insane cannot commit first-degree murder because his or her mind is incapable of premeditating and deliberating (planning the crime).

A few states have abolished the insanity defense but allow psychiatric evidence at trial on the issue of intent. For example, a defendant in a drug case could not have formed the intent to sell an illegal substance if he was delusional and believed that he was a doctor dispensing medication.

Most states require formal notice of plans to raise the insanity defense. Such defendants enter a plea of not guilty and proceed to trial. If convicted, such an individual may be found guilty, not guilty by reason of insanity, or, in a few states, guilty but mentally ill. Defendants found not guilty by reason of insanity are placed in a mental health facility until their mental condition improves so that they are no longer a threat to themselves or the community.