When a serious criminal charge, like battery or murder, affects an individual’s life, it becomes necessary to build up adequate defense. You may be quite familiar with the use of insanity defense, credit goes to the media for focusing on this; however, it requires expertise in criminal laws to establish this before the judge/jury.
Illinois sets a high standard regarding this defense strategy. In such a circumstance, it would be necessary for you to find the right criminal defense lawyer for the task. Before you consult a legal practitioner for this, here is a look at certain details.
The American Law Institute designed the most comprehensive test for establishing this ground – the Model Penal Code Test in 1962. The establishment of insanity as per Illinois laws, a modified version of the Model Penal Code Test, incorporates the elements of all three previous rules –
- The absence of the knowledge to differentiate between right and wrong from The M’Naghten Rule
- The prerequisite of lack of control to stop oneself from wrongdoing from The Irresistible Impulse Test
- The necessity to establish mental disease or defect from The Durham Rule
The basis of this theory is whether the defendant has substantial mental incapacity to appreciate the criminal aspect of their actions or understand the legal consequences of their actions. Along with this, medical diagnosis for detecting mental disease or defect is also an essential according to this rule.
One significant diversion from the original Model Penal Code Test is the burden of proof. While the original requires the prosecution to prove this beyond a reasonable doubt, in Illinois, the defendant has the burden of proof. Therefore, if you plead on insanity grounds, your Chicago criminal defense lawyer would need to establish it.
It is necessary to find a qualified and experienced lawyer to prepare for this defense. This is perhaps one of the most difficult things to establish before a court of law. A competent legal professional would know how to negotiate the matter with the prosecution during the pre-trial stages.
Before you get a lawyer to represent you, ask the two fundamental questions – Do you have the necessary qualification? Do you have the necessary experience? Do not compromise on these two aspects when choosing a lawyer. It may be your only chance to avoid penalties like imprisonment.
Do not delay in getting legal help if you ever face criminal charges. Any delay could hamper the scope of your case. Moreover, your legal professional would need time to investigate, analyze and build up your defense.
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