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InsanityDefenseinTexas.pptxAffirmative Defenses in Texas
Cindy Casey Brown
El Centro College
Spring 2019
What is an affirmative defense?
An affirmative defense can negate the legal consequences of an unlawful act.
Insanity
Mistake of Fact
Mistake of Law
Involuntary Intoxication
Duress
Entrapment
Age
Self Defense
The Insanity Defense
Why do you want to know this?
You will hear of criminal defendants committing crimes and claiming the insanity defense.
There are so many gun violence crimes today – people who are caught may claim an insanity defense so you want to understand it.
Chapter 46c of Texas Code of Criminal Procedure
Defendant must file a notice of intent to plead the insanity defense at least 20 days before trial.
Court then appoints one or more disinterested psychiatric experts to examine the defendant and render an opinion on defendant’s insanity.
This same expert(s) may also examine the defendant on the issue of competency to stand trial.
The defendant may also request an examination by an expert(s) of his own choosing.
County pays their expert(s) and defendant pays his expert(s).
Expert submits a report within 30 days.
The defendant can choose to be tried by the judge OR a jury.
The trier of fact will find the defendant
Guilty
Not Guilty
Not Guilty by Reason of Insanity
If the defendant is found not guilty by reason of insanity – what happens?
The judge immediately makes a determination whether the conduct of the defendant:
Caused serious bodily injury to another person
Placed another person in imminent danger of serious bodily injury
Consisted of a threat of serious bodily injury to another person through the use of a deadly weapon.
If the answer to any of those questions is YES then the court retains jurisdiction over the person until the court:
Terminates jurisdiction and releases the person
OR
The total period of inpatient and/or outpatient treatment equals the maximum term allowed for punishment under the offense of which the person was acquitted by reason of insanity.
Standard for Insanity: What Do Psychiatrists Testify About?
Texas follows the “McNaghten Rule”
Did the Defendant comprehend right from wrong at the time the offense was committed?
Some kind of mental illness that existed at the time of the offense prevented the Defendant from understanding that his/her actions were of a wrongful nature.
The Defendant has to prove INSANITY by “a preponderance of the evidence” / more likely than not.
EXAMPLE OF
INSANITY DEFENSE
Andrea Yates
Video Overview
https://www.youtube.com/watch?v=FjJuN9Qfr0I
Who is Andrea Yates?
Born in Texas. Graduated from high school in Houston in 1982. She was the in National Honor Society, captain of the swim team, and class valedictorian.
In high school suffered from depression and told a friend she thought about suicide. Suffered from bulimia.
Graduated from University of Texas School of Nursing.
Worked as a nurse at M.D. Anderson Cancer Center in Houston from 1986-1994.
Met Rusty Yates in 1989 and they married in 1993.
Their goal with the religion they followed was to have as many babies as nature will allow.
The couple buy a house in Friendswood outside of Houston and their first child is born in 1994.
Rusty worked for NASA in Houston and relocated to Florida so they moved into a small trailer in Florida.
By the time their third son was born they were moving back to Houston and purchased an old bus sold to them by their religious leader. Lived in the bus with three babies. Religion they followed chastised having material items so Rusty wanted to live in a simple manner and stay in the bus.
After birth of fourth son she got depressed. Doctors expressed concerns she was living in 350 square feet, homeschooling the oldest child, taking care of three toddlers, and her husband was forcing it for religious reasons (he was making over $80,000 a year working at NASA so it was not for financial reasons).
Her family was concerned about their living conditions with four children in the bus (they could afford to live in a home but Rusty wanted them to live simply).
In June 1999 Rusty found Andrea trying to eat her fingers and she tried to commit suicide the next day. She was hospitalized.
After her release Rusty found her holding a kitchen knife to her neck and begging him to leave her alone so she could kill herself.
She was re-hospitalized and put on anti-psychotic drugs.
Family urged Rusty to get out of the bus for the sake of Andrea’s health once she got out. He purchased a home in Houston.
Two months later she had two nervous breakdowns, two attempted suicides, two hospitalizations, and was diagnosed with postpartum psychosis.
Doctors told Andrea and Rusty to NOT HAVE MORE CHILDREN as it would trigger more psychotic episodes.
Seven (7) weeks after discharge Andrea got pregnant with her fifth child.
On November 30, 2000 Andrea gave birth to Mary.
She was said to have “done well” until her father died on March 12, 2001.
She was hospitalized in April and May 2001.
She drowned all five of her children on June 20, 2001.
Andrea Yates Calls 911
The Yates Home
June 20, 2011 – Andrea Yates feeds breakfast to her children, her husband Rusty goes to work at NASA in Houston, she fills a bathtub with water then drowns her five children: John (5), Paul (3), Luke (2), and Mary (6 months), then Noah (7)
Before she filled the tub she pulled
the keys out of the door to
make sure the kids could not leave.
She drowned John, Paul and then Luke and put them into
her bed. Then drowned Mary and left her in the tub.
Noah came in and asked what was wrong with Mary –
then RAN.
She admits she had to chase Noah around
the house to catch him because he realized
what was happening. Drowned Noah.
She called 911 and then called her husband.
Police arrived and she calmly
confessed and was arrested.
Mental History
She has a history of post partum depression / psychosis post birth of children
Husband found her shaking and trying to eat her hands in the past
Multiple suicide attempts over the years (at least 4)
Nervous breakdown
Had been treated as an inpatient for depression
Had taken drugs for severe depression in the past.
Psychiatrist urged couple not to have any more kids because it would guarantee a relapse of the postpartum depression. Medical records note that she will discontinue her medications because she and husband want to have “as many children as nature will allow” and psychiatrist disagrees with this.
She conceives her fifth child 7 weeks post discharge.
Seemed to be doing okay until father passes away.
Started mutilating herself, reading Bible feverishly, stopped feeding baby, was catatonic – put back in hospital.
April 1, 2001 – treated by Dr. Mohammed Saeed – treated and released.
May 3, 2001 – filled bathtub full in middle of the day – tells doctor the next day and he assumes she did it to drown herself and puts her in hospital.
Continued in Dr. Saeed’s care until June 20, 2001 when murders occurred.
While in prison, Andrea stated she had considered killing the children for two years, adding that they thought she was not a good mother and claimed her sons were developing improperly.
She told her jail psychiatrist: "It was the seventh deadly sin. My children weren't righteous. They stumbled because I was evil. The way I was raising them, they could never be saved. They were doomed to perish in the fires of hell."
She also told her jail psychiatrist that Satan influenced her children and made them more disobedient.
Facts That Jury Heard That Show She Knew What She Was Doing
On the morning of the killings she waited for her husband to leave the house before filing the bathtub because she knew he would prevent her from killing the kids if he knew she was going to do it.
She was a nurse and told police she knew how long it would take for someone to drown.
Removed keys from locks and put them up high so kids could not get them and get out.
Locked up the family dog so it could not interfere.
Started with youngest boys – lined them up in her bed after each died.
Then drowned Mary – left her floating in tub. Water was very dirty where she left Mary – upset jury greatly.
Oldest son comes in and asks what is wrong with Mary – then he RUNS – she chases him and drowns him and then leaves him in tub with Mary in it. He fought very hard. Came up for air twice per her testimony.
Did she do it to get back at her husband (prosecution theory).
Trials
Yates admits committing the crime but pleads not guilty by reason of insanity.
In March 2002 the jury found her guilty, rejected her insanity defense, and sentenced her to life in prison (she did not get the death penalty).
Yates appealed the conviction.
The conviction was reversed – in part because of a psychiatrist’s testimony that she had seen an episode of Law and Order where a woman drowned her kids (showed motive) – that was NOT TRUE – she never did b/c no episode existed.
The case was remanded for a new trial.
In July 2006 she was found not guilty by reason of insanity by new jury and put into a mental institution.
Currently at Kerville State Hospital in Kerville, Texas.
Was Andrea Yates Insane? Would you have accepted the insanity defense?
Texas follows the “McNaghten Rule”
Did the Defendant comprehend right from wrong at the time the offense was committed?
Some kind of mental illness that existed at the time of the offense prevented the Defendant from understanding that his/her actions were of a wrongful nature.
The Defendant has to prove INSANITY by “a preponderance of the evidence” / more likely than not.
What about her husband?
He had been told by psychiatrist not to leave her alone with kids because she could be a danger to her kids.
BUT weekend before murders told family at a family BBQ that he started to leave her alone for an hour in AM and PM with kids so she would not get too dependent on him and her mom for childcare. Motherhood was her job and he wanted her to “get back to work.”
He told her brother that all someone depressed needs is a “swift kick in the pants.”
Testimony Andrea did not want to have more kids and he did.
Andrea told Rusty she did not want to have sex with him because her doctors had warned her having another child would lead to a psychotic episode – Rusty did not accept that and essentially said it was her religious duty to do it because their religious calling was to procreate as much as possible – not doing it was against God’s wishes.
Rusty testified that once Andrea was found innocent in this case he was ready to have more kids with her – naturally, through a surrogate , or via adoption. Jury was apparently horrified.
Where is he now?
Where is Rusty Yates now?
http://abcnews.go.com/GMA/story?id=6278872&page=1
https://www.youtube.com/watch?v=zJXgM-mL4RM
Could Louis R. have pled a successful insanity defense?
Texas follows the “McNaghten Rule”
Did the Defendant comprehend right from wrong at the time the offense was committed?
Some kind of mental illness that existed at the time of the offense prevented the Defendant from understanding that his/her actions were of a wrongful nature.
The Defendant has to prove INSANITY by “a preponderance of the evidence” / more likely than not.
EXAMPLES
FROM OTHER STATES
Lorena Bobbitt – temporary insanity - Incident 6/23/93 in Virginia
Aurora, Colorado Movie Theater Shooting
On July 20, 2012, mentally ill gunman James Holmes, killed 12 people and injured 70 during a midnight movie in Aurora, Colorado.
Holmes was arrested outside the theater minutes after the attack.
The motive for the massacre is unclear.
He is currently serving 12 life sentences for the deaths he caused and 3,318 year for the attempted murders.
Jury REJECTED insanity defense.
Sandy Hook Elementary School Shooting in Newtown, CT.
On December 14, 2012, autistic gunman Adam Lanza, 20, killed his mother at their home, stole her guns, then proceeded to Sandy Hook Elementary School, where he killed 26 people – including 20 first grade children, injured 2, and then committed suicide. The motive is unknown.
Insanity defense not used because gunman committed suicide.
Shooting at Church in Charleston, S.C.
Gunman Dylann Roof prayed with parishioners in a prayer group at the Emanuel African Methodist Episcopal Church – a historic black church – prior to killing 9 people and injuring 3 in the group and church.
Roof is a believed to be a white supremacist and said his motive was to ignite a race war.
Found competent to stand trial and in April 2017 sentenced to 9 life sentences in state court; in federal court received death penalty – in federal prison.
Mistake of Fact
8.02 of Texas Penal Code
Ignorance of the law is NOT A DEFENSE – this is…
Mistake of Fact is a defense if a defendant has a mistaken belief in fact and therefore forms a reasonable belief that negates a culpable mental state.
Injury to a child: defendant mistakenly believes a child’s bath water is normal but it scalds the child.
Unauthorized Use of a Motor Vehicle: friend gives you the keys to a car and thought it was okay to use a car.
Murder: using a gun and defendant thought it was not loaded and it was and went off and killed another.
Mistake of Law
The mistake was reasonably made – and if the facts were as the defendant thought they were – the defendant would therefore not have had the requisite mental state to be convicted of a crime.
Theft: defendant picks up cell phone mistakenly thinking it is his – it belongs to someone else – the “intentionally and knowingly” requirement of theft is negated.
It is up to the “trier of fact” to determine if the mistake was reasonable.
Involuntary Intoxication
Duress
Age
Self Defense
