Settled insanity
Encyclopedia
Settled insanity is defined as a permanent or "settled" condition caused by long-term substance abuse
and differs from the temporary state of intoxication. In some United States
jurisdictions "settled insanity" can be used as a basis for an insanity defense, even though voluntary intoxication cannot, if the "settled insanity" negates one of the required elements of the crime such as malice aforethought
. However, U.S. federal and state courts have differed in their interpretations of when the use of "settled insanity" is acceptable as an insanity defense and also over what is included in the concept of "settled insanity".
of not guilty
. Thus a person meeting the criteria of "settled insanity" is not considered responsible for his actions. Under the M'Naghten Rules
, the first attempt in criminal law
to address the issue of a mentally ill defendant
, mentally illness (or insanity
) can be used as a defense if the defendant was
unable to understand the criminal nature of his act or was unable to
distinguish right from wrong at that time of the offense. The standard for an insanity defense developed by the American Law Institute
requires a showing that the defendant's mental illness prevented him from abiding by the law. Traditionally, under English common law intoxication, no matter to what degree, was not considered grounds for excusing the defendant's criminal behavior. However, over the last half century, there has been a movement toward allowing intoxication as evidence
admissible in court to help the jury
understand the criminal act and perhaps use it as an excuse
or a mitigating factor
.
Although voluntary intoxication is not considered an excuse for a criminal act, if it can be shown that the defendant was too intoxicated to deliberate or premeditate the wrongful act, (lacking malice aforethought), a defense of diminished capacity
, while not excusing the defendant from responsibility for the act, can serve to reduce the charges. Similarly, the plea of temporary insanity (applicable only to charges of murder
) can serve to reduce the charges from first degree murder to assault
or lessen the sentence
if it can be shown that the defendant, due to intoxication, acted without deliberation or reflection (lacking malice aforethought), thus negating specific intent. However, ten states have rejected that specific intent can be negated by voluntary intoxication. Some jurisdictions allow voluntary intoxication in the context of a preexisting mental disorder to qualify for an insanity defense.
brought on by the abstinence of an alcoholic
from alcohol, in contrast to the temporary insanity of intoxication.
California law recognizes "settled insanity" but distinguishes between the effect of long-term use qualifying as insanity and a temporary mental state resulting from recent use of an intoxicant which would not qualify as insanity. Recent rulings have upheld that insanity does not have to be permanent to qualify as a defense of "settled insanity". In a case where a woman with a substance-induced psychosis
murdered her mother, expert witness
es testified that the defendant had "personality defects
" that predisposed her to psychosis, and that the psychosis was triggered by chronic substance abuse resulting nine months of hospitalization. The defendant was found guilty because the court ruled her insanity was temporary. The Supreme Court of California
overturned the lower court's guilty finding, ruling not guilty by reason of insanity, and stating that in a case in which a temporary psychosis occurs in instances other than during episodes of intoxication constitutes settled insanity and qualifies as a complete defense.
In People v. Skinner, the California Supreme Court further specified the criteria for "settled insanity". The person must have a mental illness that is relatively stable over time and not caused solely by the length of time the substance was abused, and must also meet the legal definition of insanity in that jurisdiction. Thus it appears that the court is stating that a threshold condition for the insanity defense exists when there is a permanent impairment caused by chronic substance abuse in a person with a preexisting mental illness unrelated to substance abuse, but aggravated or set off by voluntary intoxication.
However, a 2007 decision by the Colorado Court of Appeals
in People v. Grant upheld a lower court ruling that did not allow expert testimony on the defendant's state of mind due to voluntary intoxication, thus ruling out any possibility that the issue of "settled insanity" might be raised.
. The facts of the case are that Herbin was temporarily residing with the victim
and was on crutches due to a gunshot wound received when he tried to enter his mother's house while on crack cocaine
a week before. After requesting the victim to help him put on his socks, he threatened her with a knife and instructed her to take off her clothes. When the victim attempted to resist, Herbin stabbed her several times with the knife. The victim ceased resisting, and after threatening to kill her, Herbin pretended to call for assistance and eventually did call paramedic
s, giving them a false story regarding the victim's knife wounds.
At his trial Herbin testified that he felt disturbed that day and had no memory of what happened except seeing the victim sitting in a pool of blood. He also testified to numerous stressor
s, including the gunshot wound, breaking up with his girlfriend, and recent attempts at suicide
. He introduced extensive evidence of a history of
physical
and sexual abuse
, drug abuse, and suicide attempts as well as a lengthy hospitalization. Further, he had attended a sex offender
treatment program.
Virginia does allow for a drug induced "settled insanity" as a defense to
crime. However, Virginia draws a distinction between intoxication and long term substance abuse. In order to qualify for this defense, Herbin was required to provide substantial evidence of the presence of a mental disorder and the connection between it and the substance abuse. Herbin provided evidence of recent drug abuse and the victim testified that she had provided him with prescription drug, Halcion
, and lay witnesses introduced evidence of his behavior on the day the offense was committed.
The appeals court held that a "settled insanity" defense requires substantial evidence of not only long-term and heavy substance abuse, but convincing evidence of a mental disorder that is related to the substance abuse. Although Herbin did provide evidence of substantial drug abuse, he was unable to provide expert witness testimony of a serious mental disorder. The court held that the substance abuse did not serve as evidence for a "settled insanity" defense alone without the link to a mental disorder. Although lay witnesses testified to his behavior, the court held that lay witnesses were not in a position to provide testimony on the issue of "settled insanity". Also, although Herbin did provide an extensive history of drug and sexual abuse, the court said no evidence showed either of these issues were causes or results of a mental disorder. Therefor the appeals court upheld his conviction.
Aggressiveness, memory
lapses and other common symptoms resulting from acute intoxication are not sufficient in themselves to excuse criminal acts. Further, not all psychotic reactions caused by substance abuse result in behavior that can be related to the criminal act in a way that can support an insanity defense. The presence of psychosis does not mean that the criminal act was caused by the psychosis. A relationship must be shown to exist between the psychosis and the behavior of the defendant.
Substance abuse
A substance-related disorder is an umbrella term used to describe several different conditions associated with several different substances .A substance related disorder is a condition in which an individual uses or abuses a...
and differs from the temporary state of intoxication. In some United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
jurisdictions "settled insanity" can be used as a basis for an insanity defense, even though voluntary intoxication cannot, if the "settled insanity" negates one of the required elements of the crime such as malice aforethought
Malice aforethought
Malice aforethought is the "premeditation" or "predetermination" that was required as an element of some crimes in some jurisdictions, and a unique element for first-degree or aggravated murder in a few.-Legal history:...
. However, U.S. federal and state courts have differed in their interpretations of when the use of "settled insanity" is acceptable as an insanity defense and also over what is included in the concept of "settled insanity".
History
Early English common law recognized "settled insanity" as a complete defense for a person who is a habitual drunk but is not intoxicated at the time of the offense. A complete defense exonerates the accused and is a verdictVerdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
of not guilty
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
. Thus a person meeting the criteria of "settled insanity" is not considered responsible for his actions. Under the M'Naghten Rules
M'Naghten Rules
The M'Naghten rules were a reaction to the acquittal of Daniel McNaughton. They arise from the attempted assassination of the British Prime Minister, Robert Peel, in 1843 by Daniel M'Naghten. In fact, M'Naghten fired a pistol at the back of Peel's secretary, Edward Drummond, who died five days later...
, the first attempt in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
to address the issue of a mentally ill defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, mentally illness (or insanity
Insanity
Insanity, craziness or madness is a spectrum of behaviors characterized by certain abnormal mental or behavioral patterns. Insanity may manifest as violations of societal norms, including becoming a danger to themselves and others, though not all such acts are considered insanity...
) can be used as a defense if the defendant was
unable to understand the criminal nature of his act or was unable to
distinguish right from wrong at that time of the offense. The standard for an insanity defense developed by the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
requires a showing that the defendant's mental illness prevented him from abiding by the law. Traditionally, under English common law intoxication, no matter to what degree, was not considered grounds for excusing the defendant's criminal behavior. However, over the last half century, there has been a movement toward allowing intoxication as evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
admissible in court to help the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
understand the criminal act and perhaps use it as an excuse
Excuse
In jurisprudence, an excuse or justification is a defense to criminal charges that is distinct from an exculpation. In this context, "to excuse" means to grant or obtain an exemption for a group of persons sharing a common characteristic from a potential liability. "To justify" as in justifiable...
or a mitigating factor
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
.
Although voluntary intoxication is not considered an excuse for a criminal act, if it can be shown that the defendant was too intoxicated to deliberate or premeditate the wrongful act, (lacking malice aforethought), a defense of diminished capacity
Diminished Capacity
Diminished Capacity is a comedy film directed by Terry Kinney and starring Matthew Broderick, Virginia Madsen, and Alan Alda. It was released at the 2008 Sundance Film Festival and opened in theaters in July 2008...
, while not excusing the defendant from responsibility for the act, can serve to reduce the charges. Similarly, the plea of temporary insanity (applicable only to charges of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
) can serve to reduce the charges from first degree murder to assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
or lessen the sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
if it can be shown that the defendant, due to intoxication, acted without deliberation or reflection (lacking malice aforethought), thus negating specific intent. However, ten states have rejected that specific intent can be negated by voluntary intoxication. Some jurisdictions allow voluntary intoxication in the context of a preexisting mental disorder to qualify for an insanity defense.
Settled insanity
Over time, as United States court ruling have been refining the insanity defense, the concept of "settled insanity" has been evolving. Originally, any form of insanity caused by the voluntary use of drugs was not an eligible defense for a criminal offense. The rationale was that any act that results from voluntary behavior, including the voluntary intake of drugs, is choosing to increase the risk of breaking the law. Most United States jurisdictions now recognize that the long-term voluntary use of an intoxicating substance can cause a stable or "settled insanity" that can serve as a defense to a criminal act, especially if the long-term use exacerbated a preexisting mental condition. For example the concept of "settled insanity" includes delirium tremensDelirium tremens
Delirium tremens is an acute episode of delirium that is usually caused by withdrawal from alcohol, first described in 1813...
brought on by the abstinence of an alcoholic
Alcoholism
Alcoholism is a broad term for problems with alcohol, and is generally used to mean compulsive and uncontrolled consumption of alcoholic beverages, usually to the detriment of the drinker's health, personal relationships, and social standing...
from alcohol, in contrast to the temporary insanity of intoxication.
California law recognizes "settled insanity" but distinguishes between the effect of long-term use qualifying as insanity and a temporary mental state resulting from recent use of an intoxicant which would not qualify as insanity. Recent rulings have upheld that insanity does not have to be permanent to qualify as a defense of "settled insanity". In a case where a woman with a substance-induced psychosis
Psychosis
Psychosis means abnormal condition of the mind, and is a generic psychiatric term for a mental state often described as involving a "loss of contact with reality"...
murdered her mother, expert witness
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
es testified that the defendant had "personality defects
Personality disorder
Personality disorders, formerly referred to as character disorders, are a class of personality types and behaviors. Personality disorders are noted on Axis II of the Diagnostic and Statistical Manual of Mental Disorders or DSM-IV-TR of the American Psychiatric Association.Personality disorders are...
" that predisposed her to psychosis, and that the psychosis was triggered by chronic substance abuse resulting nine months of hospitalization. The defendant was found guilty because the court ruled her insanity was temporary. The Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
overturned the lower court's guilty finding, ruling not guilty by reason of insanity, and stating that in a case in which a temporary psychosis occurs in instances other than during episodes of intoxication constitutes settled insanity and qualifies as a complete defense.
In People v. Skinner, the California Supreme Court further specified the criteria for "settled insanity". The person must have a mental illness that is relatively stable over time and not caused solely by the length of time the substance was abused, and must also meet the legal definition of insanity in that jurisdiction. Thus it appears that the court is stating that a threshold condition for the insanity defense exists when there is a permanent impairment caused by chronic substance abuse in a person with a preexisting mental illness unrelated to substance abuse, but aggravated or set off by voluntary intoxication.
However, a 2007 decision by the Colorado Court of Appeals
Colorado Court of Appeals
The Colorado Court of Appeals is the intermediate-level appellate court for the state of Colorado. It was established by statute by the Colorado General Assembly under Article VI, Section 1 of the Constitution of Colorado.-Jurisdiction:...
in People v. Grant upheld a lower court ruling that did not allow expert testimony on the defendant's state of mind due to voluntary intoxication, thus ruling out any possibility that the issue of "settled insanity" might be raised.
Case example
In Jervon Lamont Herbin v. Commonwealth of Virginia, Herbin appealed his conviction for attempted rapeRape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
. The facts of the case are that Herbin was temporarily residing with the victim
Victimology
Victimology is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system — that is, the police and courts, and corrections officials — and the connections between victims and other social groups...
and was on crutches due to a gunshot wound received when he tried to enter his mother's house while on crack cocaine
Crack cocaine
Crack cocaine is the freebase form of cocaine that can be smoked. It may also be termed rock, hard, iron, cavvy, base, or just crack; it is the most addictive form of cocaine. Crack rocks offer a short but intense high to smokers...
a week before. After requesting the victim to help him put on his socks, he threatened her with a knife and instructed her to take off her clothes. When the victim attempted to resist, Herbin stabbed her several times with the knife. The victim ceased resisting, and after threatening to kill her, Herbin pretended to call for assistance and eventually did call paramedic
Paramedic
A paramedic is a healthcare professional that works in emergency medical situations. Paramedics provide advanced levels of care for medical emergencies and trauma. The majority of paramedics are based in the field in ambulances, emergency response vehicles, or in specialist mobile units such as...
s, giving them a false story regarding the victim's knife wounds.
At his trial Herbin testified that he felt disturbed that day and had no memory of what happened except seeing the victim sitting in a pool of blood. He also testified to numerous stressor
Stress (medicine)
Stress is a term in psychology and biology, borrowed from physics and engineering and first used in the biological context in the 1930s, which has in more recent decades become commonly used in popular parlance...
s, including the gunshot wound, breaking up with his girlfriend, and recent attempts at suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
. He introduced extensive evidence of a history of
physical
Physical abuse
Physical abuse is abuse involving contact intended to cause feelings of intimidation, injury, or other physical suffering or bodily harm.-Forms of physical abuse:*Striking*Punching*Belting*Pushing, pulling*Slapping*Whipping*Striking with an object...
and sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
, drug abuse, and suicide attempts as well as a lengthy hospitalization. Further, he had attended a sex offender
Sex offender
A sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
treatment program.
Virginia does allow for a drug induced "settled insanity" as a defense to
crime. However, Virginia draws a distinction between intoxication and long term substance abuse. In order to qualify for this defense, Herbin was required to provide substantial evidence of the presence of a mental disorder and the connection between it and the substance abuse. Herbin provided evidence of recent drug abuse and the victim testified that she had provided him with prescription drug, Halcion
Triazolam
Triazolam is a benzodiazepine drug. It possesses pharmacological properties similar to that of other benzodiazepines, but it is generally only used as a sedative to treat severe insomnia...
, and lay witnesses introduced evidence of his behavior on the day the offense was committed.
The appeals court held that a "settled insanity" defense requires substantial evidence of not only long-term and heavy substance abuse, but convincing evidence of a mental disorder that is related to the substance abuse. Although Herbin did provide evidence of substantial drug abuse, he was unable to provide expert witness testimony of a serious mental disorder. The court held that the substance abuse did not serve as evidence for a "settled insanity" defense alone without the link to a mental disorder. Although lay witnesses testified to his behavior, the court held that lay witnesses were not in a position to provide testimony on the issue of "settled insanity". Also, although Herbin did provide an extensive history of drug and sexual abuse, the court said no evidence showed either of these issues were causes or results of a mental disorder. Therefor the appeals court upheld his conviction.
Conclusion
In those states allowing a "settled insanity" defense, the expert witness must first determine whether any symptoms of a mental disorder were present at the time of the offense, and if there were, determine if those symptoms were the result of a lasting impairment rather than caused by intoxication no matter how acute. If it can be shown that any existing the mental disorder is lasting or relatively enduring, then the expert must be able to show how the mental illness interfered with the defendant's ability to know the nature and consequences of his/her behavior and know that his/her behavior was wrong, or if it impaired his/her ability to control his/her behavior.Aggressiveness, memory
Memory
In psychology, memory is an organism's ability to store, retain, and recall information and experiences. Traditional studies of memory began in the fields of philosophy, including techniques of artificially enhancing memory....
lapses and other common symptoms resulting from acute intoxication are not sufficient in themselves to excuse criminal acts. Further, not all psychotic reactions caused by substance abuse result in behavior that can be related to the criminal act in a way that can support an insanity defense. The presence of psychosis does not mean that the criminal act was caused by the psychosis. A relationship must be shown to exist between the psychosis and the behavior of the defendant.