Some people believe he got away with murder. Others say it was the right call.
Just a day after former Marine Michael Brown was found not guilty by reason of insanity for the murder of his stepfather back in 2019, 10 News is working for you to break down this type of defense.
Dr. Tod Burke, a retired professor and member of law enforcement, said the insanity defense is rare. According to the Virginia Dept. of Behavioral Health & Developmental Services (DBHDS), nationally, it’s only raised in about 1% of criminal cases and it’s successful only 25% of the time.
“Insanity defenses are rare. And they’re rare because they’re very difficult to win,” said Burke.
Every state has its own definition of insanity. In Virginia, it’s purely a legal term, not a clinical diagnosis.
“People commit horrible, crazy crimes, but that does not mean they’re insane. They have to fall under the legal definition,” said Burke.
Someone accused of a crime who is deemed insane can acknowledge that they committed the crime, but argue that they are not responsible for it because of a mental illness or a ‘mental defect.’
There are three parts of the insanity defense. According to the Not Guilty by Reason of Insanity: Guidelines and Reference Manual referenced by the DBHDS:
‘A defendant is insane if, at the time of the offense, because of mental disease or defect, he/she:
A. Did not understand the nature, character, and consequences of his/her act, or
B. Was unable to distinguish right from wrong, or
C. Was driven by an irresistible impulse to commit the act’
Burke said the key takeaways are that the defendant only has to meet one requirement, not all three, and must be deemed insane at the time of the offense.
“If you’re insane at the time you committed the act, you can still be competent when you are going to trial,” said Burke.
Also, the defense only needs to prove that it’s more than likely the defendant was insane at the time of the crime.
During Michael Brown’s trial, two separate psychiatrists found that Brown suffered from dissociative amnesia or dissociative episodes and depression, disorders recognized by the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is used to diagnose patients by the American Psychiatric Association.
The judge who heard Brown’s trial, the Hon. Stacey Moreau, said Brown’s reports of blackouts and that he didn’t remember killing his stepfather supported the insanity defense.
“Based upon all the evidence that’s been submitted, [Michael Brown] clearly killed [Rodney Brown]. He clearly did the actions but he doesn’t recall it, doesn’t remember doing it. And it is based upon a mental disease or defect,” said Moreau. “It’s hard to understand or accept, but it would be pretty significant to be able to create and come up with all of that evidence to be able to support the mental disease or defect that the experts came about.”