The insanity defense has been a key aspect of our criminal justice system since 1843, rooted in the principle that individuals suffering from severe mental illness at the time of the offense should not be held fully accountable for their actions. However, the effectiveness of the insanity defense in Florida is unclear.
The insanity defense is an affirmative defense, meaning the defendant admits the cause of action but avoids liability, in whole or in part, because of some excuse or justification. The burden of proof rests with the defendant, who must establish that he was insane at the time of the offense. If this burden is met, the burden shifts to the state to prove sanity beyond a reasonable doubt.
A defendant can establish insanity in Florida if two prongs are met: (1) the defendant suffered from a mental disease or defect at the time the crime was committed, and (2) the defendant either (a) had no intellectual awareness of what they were doing at the time of the crime, or (b) did not know what they were doing was wrong.
The success rate of the insanity defense in Florida is not explicitly detailed. Throughout the United States, however, the defense is used in approximately 1% of felony cases, and it is successful in only about 30 cases a year. The most recent successful use of the insanity defense in Florida was in the case of Austin Harrouff, in 2022.
Harrouff, a 19-year-old, was charged with killing a couple in their garage and chewing on the husband’s face. The defendant was determined to have been on a psychotic break during the crime and to have been suffering from frequent delusions. The judge in this case determined that the defendant did not know what he was doing at the time of the crime, resulting in a not-guilty verdict.
Although the insanity defense can be successful, there are reasons why it may not be commonly asserted in Florida. One reason may be the stringent procedural requirements for the plea. In Florida, defendants must provide advance notice of their intent to rely on the insanity defense, which subjects them to court-ordered psychiatric evaluations.
The vague statutory language adds layers to the adjudicatory process. The Florida courts must determine what an individual “did know” or “did not know” when committing a crime. For jurors, the evidence to consider is plentiful, including expert testimony, mental health evaluations, and exhibits.
Another influential factor is a juror’s view of the insanity defense. When the insanity defense is fairly raised, the jury receives instructions on the consequences of a non-guilty verdict. The jury is made aware that while the defendant may be released, they may also remain in custody and be committed to a mental hospital or outpatient care. Nevertheless, jurors who hold a negative view of the defense are more likely to deliver a guilty verdict. This shows, in practice, that biases about this defense could significantly impact verdicts in Florida.
Recent statistics indicate that the use of the insanity defense is increasing in Florida, a development that could be seen as a positive step toward destigmatizing mental illness. However, this does not mean individuals are using the defense in the way it is intended, or that jurors can accurately determine a defendant’s mental state at the time of the crime.
The insanity defense is here to stay, but in practice, it does not protect nearly as many individuals as we think. There remains a common myth that individuals frequently use the insanity defense to escape responsibility. Due to the language of the Florida statute, the stigma surrounding mental health, and the procedural barriers, only 1% of insanity defenses are unsuccessful.
However, while this defense was originally established to protect individuals with mental illness, the vague language of the criteria for insanity creates many issues with its application. While some individuals see the increasing use of the insanity defense in Florida as a step toward destigmatizing mental health, others see it as a loophole for criminals who needlessly escape liability.
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