Acquittal by Reason of Insanity
New Jersey’s Code of Criminal Justice provides an Insanity Defense for criminal defendants. Section 2C:4-1 governs this defense. The defense is an affirmative defense which means that the burden of proof standard that typically must be met by the prosecution is shifted to the defense, and the defense must prove an insanity defense by a preponderance of the evidence.
Typically, when a defendant is acquitted by reason of insanity, the Court will categorize the defendant in one of three different ways. If the Court determines that the defendant poses a danger to the community or to himself, the Court will require the defendant to be admitted to an in-patient mental facility for treatment. If the Court determines that the defendant does not pose a danger to the community or to himself, the Court will release the defendant without supervision or conditions. The Court may determine that the defendant can be released to society but must be supervised or must be subject to certain conditions such as psychiatric therapy.
The recent New Jersey Supreme Court case of State v. Ortiz which was decided on January 17, 2008, ruled that a defendant acquitted by reason of insanity, whose release is subject to supervision or conditions, will be subject to Krol periodic review hearings. Krol periodic review hearings require periodic judicial review of a defendant’s status to determine if the supervision/conditions initially ordered by the Court need to continue or be modified in any way. Ongoing evaluation to determine a defendant’s status, progress and prognosis, reasoned the Supreme Court, will help to ensure that defendants acquitted by reason of insanity with conditions to their release, will not pose ongoing dangers to themselves or to the public. If you are facing criminal allegations, it is important that you contact a New Jersey criminal defense attorney at Lependorf & Silverstein, P.C. for a free and confidential consultation.
