Our mission is to work with Kansas lawmakers for an insanity defense, the M’Naghten Rule and help establish a mental health court in the Third Judicial District.
Did you know?
Kansas lawmakers abolished its insanity defense in 1996 after the assassination attempt on Ronald Reagan when John Hinckley Jr. was found not guilty by reason of insanity. They adopted a narrow mens rea approach with determination of a ‘culpable mental state’ in K.S.A. § 21-5209 while the defendant isn’t permitted to work with their diagnosis in their defense.
“There is a major limitation on the defendant’s ability to introduce evidence corroborating or showing the existence of a mental disease or defect. Such evidence is only admissible as it specifically relates to the requisite mens rea of the offense. Therefore, the defense cannot introduce evidence as to the existence of a mental disease or defect to litigate the defendant’s mental condition in general.” Marc Rosen, Insanity Denied: Abolition of the Insanity Defense in Kansas, 8 KAN. J.L. & PUB. POL’y 253 (1998).
This evidence might touch on why the offense occurred.
Mental health courts are popping up all over the country as an alternative to get folks into treatment, reduce recidivism and lower incarceration costs. Douglas County has their Behavioral Health Court, but Shawnee County boasts the 6th largest city in population in Kansas. It is time that the Third Judicial District offer this opportunity to defendants.