Top Las Vegas attorney explains how the "insanity defense" works in Nevada criminal law. IS THERE AN "INSANITY DEFENSE" IN NEVADA LAW? Yes. The "insanity defense" is listed under NRS 174.035. Nevada has what is commonly known as the "M'Naghten" rule, which stems from 1843 in Great Britain when Daniel M'Naghten intended to kill the prime minister but accidentally killed his secretary instead. The M'Naghten rule says that in order to prove that a defendant is not guilty by reason of insanity, you have to show that you were in such a delusional state that you lacked the ability to appreciate and understand the difference between right and wrong. In Nevada, a defendant can enter a plea of "not guilty by reason of insanity" prior to trial or even assert an insanity defense during the course of trial. The burden would then shift to the Nevada defendant to show by a "preponderance of the evidence" that he/she was acting under a delusion that justified or excused his/her behavior. Examples from Nevada include mothers suffering from post-partum depression ... or another mental health issue ... and they bludgeon their children to death while truly believing the child was possessed by the devil, and that killing the child was necessary to protect the community from greater harm. WHAT HAPPENS IF THE "INSANITY DEFENSE" IS SUCCESSFUL IN NEVADA? If at trial Nevada defense attorneys can convince a jury that the defendant was legally insane at the time of the commission of the crime, that is a "complete defense." However, the defendant would likely face placement in a Nevada mental health facility until such time there is "clear and convincing" evidence that he/she is no longer suffering from the mental impairment and no longer poses a danger and threat to the community. Read more about the Nevada insanity defense at http://www.shouselaw.com/nevada/insanity.html LAS VEGAS DEFENSE GROUP, L.L.C. Our criminal defense attorneys at Las Vegas Defense Group, L.L.C., represent clients all throughout Nevada including Las Vegas, Henderson, Washoe County, Reno, Carson City, Laughlin, Mesquite, Bunkerville, Moapa, Nye County, Elko, Pahrump, Searchlight, Moapa Valley, Goodsprings, Boulder City, North Las Vegas, Beatty, and Tonopah. Our offices are located in Las Vegas and Reno: 2300 W. Sahara Ave. Ste. 450 Las Vegas, NV 89102 702-DEFENSE (333-3673) fax: 702-974-0524 200 S. Virginia St. 8th floor Reno, NV 89501 775-348-9685 Learn more at http://www.702DEFENSE.com. Or call 702-DEFENSE (333-3673).

• published: 19 Oct 2013
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