Video – Insanity Defense in Florida

Affirmative Defense, Burden of Proof,  Insanity Defense, Insanity Defense Florida
What is the Insanity Defense in Florida?
What is the Insanity Defense in Florida?

Florida Statute 775.027 contains the Insanity defense. Under Florida law all persons are presumed sane, unless and until it is proven by clear and convincing evidence that there was  ” a mental infirmity, disease, or defect . . . [and the defendant did]  not know what he or she was doing or its consequences . . .  or  the defendant did not know that what he or she was doing was wrong.”

Successful Insanity Defense

“The best-known example of a successful insanity defense came earlier that same year [1990], when prosecutors put college student [name deleted] on trial for drowning her newborn son in a dormitory toilet. Jurors found her criminally insane, convinced by experts who said [the defendant] was unaware she was pregnant and went into shock during the delivery.” Tampabay.com, April 26, 2014 .

Included below are documents from a high profile Florida homicide case where the Insanity Defense was used in Tampa.

Here is the actual text of the Florida Insanity Defense Law:

(1) Affirmative Defense —All persons are presumed to be sane. It is an affirmative defense to a criminal prosecution that, at the time of the commission of the acts constituting the offense, the defendant was insane. Insanity is established when:

(a) The defendant had a mental infirmity, disease, or defect; and

(b) Because of this condition, the defendant:

1. Did not know what he or she was doing or its consequences; or
2. Although the defendant knew what he or she was doing and its consequences, the defendant did not know that what he or she was doing was wrong.

Mental infirmity, disease, or defect does not constitute a defense of insanity except as provided in this subsection.

(2) Burden of Proof —The defendant has the burden of proving the defense of insanity by clear and convincing evidence.

Affirmative Defense, Burden of Proof, Insanity Defense, Insanity Defense Florida, Tampa,
Proof of Insanity Email

Proof of Insanity

Since the defense has the burden of proof on the issue of Insanity, there will need to be evidence presented by experts and physical  items including email and correspondence to establish the the defense was not merely concocted to beat the charges before the court and the jury.

Such evidence is shown here. We have heavily edited the materials, but the original comprised 55 pages of emails that may be used to establish the defense.

Video will be streaming while court is in session.

 


Important Case Documents:

Date            Summary                                                               Link

04/24/2014 Corrected Order Denying Motion to Suppress Statements Made to Detective Sandel and Detective Prebich on January 28, 2011 Download PDF
04/16/2014 Order Granting In Part, and Reserving Ruling, In Part, Defendant’s Motion in Limine Regarding Prior Abuse Allegations and Crash Download PDF
04/01/2014 Defendant’s Motion to Suppress Statements Made to Detective Sandel and Detective Prebich on January 28, 2011 Download PDF
02/12/2013 Motion to Compel Evaluation of Defendant by Three State Experts on Issue of Defendant’s Sanity at the Time of the Offenses Download PDF
02/06/2012 Defense’s Motion to Measure and Photograph Interview Areas on the Eighth Floor of Tampa Police Headquaters Download PDF
10/12/2011 Order from DCA Dated September 16, 2011 (Final) Download PDF
08/12/2011 Defendant’s Notice of Intent to Rely Upon the Defense of Insanity Existing at the Time of the Offense Download PDF
05/03/2011 Memorandum of Law Filed by Third Party Media General Operations Inc. in Support of Motion to Intervene for the Limited Purpose of Opposing Defendant’s Verified Motion for Temporary Protective Order and Supporting Memorandum of Law Download PDF
04/21/2011 Defendant’s Verified Motion for Temporary Protective Order with Respect to Discovery Material Becoming Subject to Chapter 119 and to Prohibit Agents and Employees of The Hillsborough County State Attorney’s Office, The Hillsborough County Sheriff’s Office, The Hillsborough County Clerk’s Office, The Public Defender’s Office, The Hillsborough County Medical Examiner’s Office, and The Florida Department of Law Enforcement from Making Extra Judicial Comments and Motions for Evidentiary Hearing, Request for Judicial Notice and In Camera Review, and Memorandum of Law in Support Therof Download PDF
02/10/2011 Judge Recused – Order of Disqualification Download PDF
02/10/2011 Indictment Capital Download PDF





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