Is insanity a defense in Utah? Can someone be so insane that they can commit a crime yet be found not guilty?
Technically, there is an insanity defense on the books. Back in the 1980s, John Hinckley was found not guilty by reason of insanity after trying to assassinate President Reagan. The Utah legislature reacted to public outrage over the Hinckley verdict by crafting one of the country’s strictest laws.
Utah’s law allows a person to plead “not guilty by reason of insanity.” But, for all practical purposes the defense is very narrow. In most states, a person who did not understand the wrongfulness of their actions or who was acting under an irresistible impulse cannot be convicted of a crime.
In Utah, the insanity defense is more restricted. The defense only applies to people who have such severe mental illness that their disease prevents them from possessing the mental state required as an element of the crime. For example, a person who murdered his girl friend because he thought she was a robot working for the Mafia could be found not guilty by reason of insanity. Why? Because he lacked the intent to kill a human being.
But, a defendant who knowingly kills another person because of a psychotic episode would not be entitled to the insanity defense if the defendant could act knowingly or intentionally, even if he couldn’t appreciate the wrongfulness of his actions or acted under an irresistible impulse. Under Utah law, it wouldn’t matter if the defendant had a mental illness.
Still, the law allows a jury to take a defendant’s mental illness into account. For example, a jury may reach a verdict of “guilty and mentally ill.” Under that verdict, a defendant would first be sent to the State Hospital for a mental health evaluation and treatment. After spending up to 18 months at the hospital or until the defendant gets the maximum benefit from treatment, whichever comes first, the defendant would then be sent to prison for the balance of his sentence.
Issues of crime and mental illness are complicated. Some mental illness may even affect a defendant’s competence to stand trial. If the mental illness is severe enough, the case may even be dismissed without trial.
If you or a loved one struggling with mental illness find yourselves tangled in the criminal justice system, it’s important to seek competent legal counsel as soon as possible. Defendants with mental health issues have special needs that must be addressed quickly and aggressively.
