Does the insanity plea refer to the time that the crime was committed or to the time of sentencing?

I could be wrong, but it’s my understanding that insanity refers to the state of mind at the time of the offense. You also have to be declared competent to stand trial, which is a separate concept. You need to be able to understand what is happening in court and aid in your own defense to whatever extent possible.

Mindset during the crime.

I wonder how likely it is that they were of a stable mindset during the offense but aren’t after. Seems like a way to try and lie. Even if meds were changing their mood and they stopped taking them, they were still stable during it so that shouldn’t change anything

@SergeantQueen They are different legal requirements. Insanity is about understanding right/wrong, and competency is about being able to understand the trial and charges. I’m pretty sure that if you’re not competent to stand trial, you are put in a mental facility until you are competent.

For example, if someone is severely mentally retarded, they may be able to understand that stabbing someone to death is wrong, but might not be able to understand the trial and help their lawyer in their defense. IANAL. This could all be inaccurate.

At the time of the crime.

The discussion is about two separate evaluations:

1. Sanity at time of crime
2. Fitness to stand trial and aid in one’s own defense.

Not being convicted of a crime because of the first scenario means admitting to the crime but with a mitigating factor.

The second one means you don;t stand trial, and that guilt or innocence are not determined. Or, you have a great argument on appeal.

Neither instance means one walks free. One is generally held in a hospital for the criminally insane.

_“non compos mentis“_applies to time on trial = = = > not mentally competent !

At the time of the crime I believe. The time of sentencing is in future, having committed the crime prior.