What is Not Guilty by Reason of Insanity?

There is a general misconception when members of the public hear that a criminal defendant has pled “Not Guilty by Reason of Insanity,” also known as “NGRI.” Many reasonably confuse the term to imply that a person is attempting to use a mental illness or a disability to escape criminal liability. However, NGRI is much more complex, and carries significant legal issues in and of itself.

Under Ohio Law, a person is “Not Guilty by Reason of Insanity” relative to a charge of an offense only if the person proves, by a preponderance of the evidence, that at the time of the commission of the offense, the person did not know, as a result of a severe mental disease or defect, the wrongfulness of the person’s acts. However, a diagnosis of mental illness or intellectual disability, alone, is not sufficient for a finding of NGRI. There must be a connection between the behavior of the offense and the inability to know the wrongfulness of the behavior as a product of the underlying mental disease or defect. In other words, mental health issues alone do not allow a plea of Not Guilty by Reason of Insanity. Likewise, NGRI may not be available to a person whose inability to know the wrongfulness of their behavior was caused by their own voluntary intoxication.

For a defendant to plead Not Guilty by Reason of Insanity, the plea must be made before the commencement of trial. After a plea of NGRI is entered, the court may order one or more evaluations of the defendant’s mental condition at the time of the offense charged. The Court will then appoint an “examiner,” who must be a qualified psychiatrist or clinical psychologist to conduct such examination. This examination may include interviews with the defendant and other witnesses and/or the examination of police reports and medical records. After examination, a report is generated and provided to the court. Defense counsel may request their own evaluation or request a second opinion.

If an individual is found Not Guilty by Reason of Insanity, the court must then hold a hearing within ten days to determine whether the person found NGRI is subject to institutionalization. If the individual is determined to be subject to institutionalization due to ongoing mental health concerns or disability, the court shall commit the person to the department of mental health and addiction services for treatment in a hospital, facility, or agency as determined clinically appropriate by the department of mental health and addiction services or to another medical or psychiatric facility, as appropriate. In determining placement, a court must consider: 1) the extent the person is a danger to themselves and others; 2) the need for security; and 3) the type of crime involved. Under Ohio law, the court must place the individual in the least restrictive alternative available that is consistent with public safety and the welfare of the person.

If you or a loved one have questions regarding Not Guilty by Reason of Insanity or need legal representation for a criminal offense, please do not hesitate to contact the dedicated team of attorneys at Friedman Nemecek Long & Grant, L.L.C.