1 00:00:00,600 --> 00:00:03,640 Speaker 1: Welcome to brain Stuff from house stuff Works dot com 2 00:00:03,640 --> 00:00:15,000 Speaker 1: where smart Happens. Hi Am Marshall Brain with today's question, 3 00:00:15,600 --> 00:00:18,920 Speaker 1: what does it mean when someone is found not guilty 4 00:00:19,000 --> 00:00:22,480 Speaker 1: by reason of insanity in a court of law? In 5 00:00:22,560 --> 00:00:26,040 Speaker 1: movies and on television shows, a standard legal defense for 6 00:00:26,040 --> 00:00:31,240 Speaker 1: a criminal defendant is insanity or temporary insanity. We also 7 00:00:31,360 --> 00:00:33,480 Speaker 1: hear about this from time to time in real life, 8 00:00:33,520 --> 00:00:37,040 Speaker 1: of course, but it's not an especially common legal defense 9 00:00:37,520 --> 00:00:40,879 Speaker 1: to most of us. The legal reasoning behind this defense 10 00:00:41,080 --> 00:00:44,320 Speaker 1: is fairly mysterious, even though we've probably seen it played 11 00:00:44,320 --> 00:00:48,600 Speaker 1: out dozens of times. On a typical lawyer show, the 12 00:00:48,720 --> 00:00:52,120 Speaker 1: defense lawyer brings in a psychologist that says that the 13 00:00:52,240 --> 00:00:54,920 Speaker 1: defendant should not be held accountable for his or her 14 00:00:54,960 --> 00:00:59,800 Speaker 1: actions because he or she has a certain mental illness 15 00:01:00,040 --> 00:01:03,960 Speaker 1: that interferes with his or her reasoning capacity. If the 16 00:01:04,040 --> 00:01:08,000 Speaker 1: jury thinks the person actually does have this mental illness, 17 00:01:08,040 --> 00:01:12,240 Speaker 1: it finds him or her not guilty by reason of insanity. 18 00:01:12,319 --> 00:01:15,759 Speaker 1: This raises a number of questions that most shows don't 19 00:01:15,760 --> 00:01:19,800 Speaker 1: answer very clearly. For example, why it does being mentally 20 00:01:19,920 --> 00:01:24,399 Speaker 1: ill excuse somebody from criminal guilt, or how is a 21 00:01:24,520 --> 00:01:28,440 Speaker 1: jury of regular people qualified to determine whether or not 22 00:01:28,560 --> 00:01:32,760 Speaker 1: someone is mentally ill or what level of mental illness 23 00:01:32,880 --> 00:01:37,880 Speaker 1: constitutes insanity, or how do you prove somebody is or 24 00:01:38,240 --> 00:01:42,440 Speaker 1: was insane when they committed a crime. The main reason 25 00:01:42,480 --> 00:01:45,880 Speaker 1: that this concept is so confusing is that lawyer shows 26 00:01:45,920 --> 00:01:51,040 Speaker 1: impressed coverage of actual cases often don't clarify the distinction 27 00:01:51,160 --> 00:01:57,080 Speaker 1: between insanity and mental illness. Mental illness and mental disorder 28 00:01:57,120 --> 00:02:02,480 Speaker 1: are psychiatric concepts, while insaneity is a cultural and legal concept. 29 00:02:03,000 --> 00:02:05,600 Speaker 1: In the U s Court of law, as well as 30 00:02:05,640 --> 00:02:09,360 Speaker 1: courts in some other countries, insanity and mental illness are 31 00:02:09,440 --> 00:02:14,040 Speaker 1: related conditions, but they are by no means synonymous. Mental 32 00:02:14,080 --> 00:02:17,160 Speaker 1: illness at the time of the offense is a prerequisite 33 00:02:17,240 --> 00:02:20,800 Speaker 1: for the not guilty by reason of insanity ruling, but 34 00:02:21,040 --> 00:02:24,520 Speaker 1: legal insanity is not simply a judgment of whether or 35 00:02:24,520 --> 00:02:27,560 Speaker 1: not a person has a mental illness. The law varies 36 00:02:27,600 --> 00:02:31,080 Speaker 1: from state to state, but in most courts that recognize 37 00:02:31,120 --> 00:02:35,359 Speaker 1: the insanity defense, someone is found to be legally insane 38 00:02:35,680 --> 00:02:39,640 Speaker 1: if he or she meets one of three conditions. First, 39 00:02:40,080 --> 00:02:43,760 Speaker 1: because of a mental disorder, the defendant did not understand 40 00:02:43,880 --> 00:02:47,800 Speaker 1: that what he or she was doing was illegal. Second, 41 00:02:48,240 --> 00:02:51,280 Speaker 1: because of a mental disorder, the defendant did not know 42 00:02:51,400 --> 00:02:54,720 Speaker 1: what he or she was doing. Or Third, because of 43 00:02:54,760 --> 00:02:57,880 Speaker 1: a mental disorder, the defendant was compelled to commit the 44 00:02:57,919 --> 00:03:01,919 Speaker 1: crime by an irresistible four So why is a person 45 00:03:02,000 --> 00:03:05,760 Speaker 1: who meets these conditions not guilty of the crime. The 46 00:03:05,840 --> 00:03:08,920 Speaker 1: reasoning is actually based on one of the most fundamental 47 00:03:08,960 --> 00:03:11,480 Speaker 1: tenets of the justice system in the United States and 48 00:03:11,560 --> 00:03:15,919 Speaker 1: many other countries. With most offenses, a person is only 49 00:03:15,960 --> 00:03:19,720 Speaker 1: guilty of a crime if he or she actually intended 50 00:03:19,760 --> 00:03:22,919 Speaker 1: to commit the crime. If you accidentally bump into someone 51 00:03:22,960 --> 00:03:26,840 Speaker 1: with your car, you're not guilty of assault, but you 52 00:03:26,919 --> 00:03:30,120 Speaker 1: would be guilty if you bumped into them intentionally in 53 00:03:30,200 --> 00:03:34,000 Speaker 1: exactly the same way. The action is the same, but 54 00:03:34,160 --> 00:03:37,600 Speaker 1: you have not committed the crime because you didn't intend to. 55 00:03:38,040 --> 00:03:40,440 Speaker 1: You may be guilty of a lesser crime, though e g. 56 00:03:40,640 --> 00:03:45,880 Speaker 1: Reckless driving. Mental illnesses can alter a person's conception of 57 00:03:45,920 --> 00:03:49,480 Speaker 1: reality so that he or she does not realize the 58 00:03:49,520 --> 00:03:53,680 Speaker 1: criminal nature of his or her actions or has no 59 00:03:53,880 --> 00:03:57,560 Speaker 1: choice but to commit the crime. When this is the case, 60 00:03:57,960 --> 00:04:02,120 Speaker 1: certain courts believe the person lacks this element of intention 61 00:04:02,360 --> 00:04:07,560 Speaker 1: necessary for criminal guilt. To prove legal insanity, the defense 62 00:04:07,640 --> 00:04:11,960 Speaker 1: must provide credible expert testimony that says how the defendant 63 00:04:12,120 --> 00:04:15,720 Speaker 1: is or was at the time of the crime mentally ill, 64 00:04:16,400 --> 00:04:19,839 Speaker 1: and then explain why this sort of mental illness means 65 00:04:19,920 --> 00:04:22,880 Speaker 1: that the defendant did not intend to commit a crime. 66 00:04:23,480 --> 00:04:27,680 Speaker 1: The jury does not decide whether the defendant is mentally ill. 67 00:04:28,200 --> 00:04:32,640 Speaker 1: It simply determines whether or not the defenses expert testimony 68 00:04:32,720 --> 00:04:36,800 Speaker 1: has demonstrated this fact, and then decides whether or not 69 00:04:36,920 --> 00:04:39,960 Speaker 1: this mental disorder meant that he or she did not 70 00:04:40,120 --> 00:04:44,640 Speaker 1: intend to commit the crime. Mental illness alone is no defense. 71 00:04:45,040 --> 00:04:48,400 Speaker 1: A person who suffers from deep psychosis will still be 72 00:04:48,440 --> 00:04:52,360 Speaker 1: considered guilty if he or she commits a crime intentionally 73 00:04:54,000 --> 00:04:56,680 Speaker 1: for moralness, and thousands of other topics. Because it how 74 00:04:56,720 --> 00:05:01,800 Speaker 1: staff works dot com