While Wisconsin has an insanity defense, there are five states that do not, including Kansas, which abolished the insanity defense years ago. In the case Kayler vs Kansas, the U.S. Supreme Court is poised to consider if the constitution allows a state to abolish the insanity defense, which, depending on the result, may prompt other states to follow suit.
As in stands in the state of Wisconsin, a criminal defendant cannot be held accountable for a crime if they are found not guilty by reason of insanity. To prove guilt, prosecutors are required to show willful intent and if someone is ruled insane there can be no willful intent.
They are a number of legal tests that state courts use to determine whether a defendant is insane at the time of the criminal action. Wisconsin utilizes the model penal code test, a modern standard used to determine legal insanity. Under the Model Penal Code Test (MPC) a criminal is not guilty by reason of insanity if he or she is diagnosed with a relevant mental defect and was unable to appreciate the criminality of his or her conduct at the time of the incident or conform conduct (control an impulse) to the requirements of the law.
If you or a family member has a mental disorder and is facing criminal charges, it is important to work with an experienced criminal defense lawyer who can utilize various strategies to fight the charges you face. Contact Waukesha criminal defense lawyer Andrew C. Ladd for help at 262-542-3900.
