In January 2009, NJ.com reported in “Judge accepts insanity defense from babysitter in Irvington child’s slaying” that a judge ruled an Irvington babysitter was not guilty by reason of insanity.  The babysitter, age 42, stabbed her 5-year-old nephew 57 times in a locked bedroom.  Essex County Assistant Prosecutor said the state would attempt to keep the babysitter at a maximum security psychiatric facility for being a danger to children, to society in general.

The stabbing took place when the nephew wouldn’t share a computer game with other children in a room.  The babysitter claimed to hear voices.  The defense psychiatrist evaluated the babysitter as having a disorder that triggered violent behavior.  The babysitter had no prior criminal record, but did have a history of mental illness. She was diagnosed as having bipolar disorder, and once ingested gasoline in a suicide attempt.

When charged with a crime in New Jersey, a defendant may argue insanity as a defense.  The New Jersey insanity defense is an affirmative defense.  The burden is on the defendant to prove the defense.  Legal insanity involves whether at the time of the crime, the defendant is so mentally ill that s/he is entitled to acquittal.

New Jersey follows the M’Naughten Rule, where a defendant is entitled to acquittal if s/he has a mental disease that causes him/her to:  (1) not know his/her act will be wrong, or (2) not understand the nature and quality of actions.  If a person knows what s/he is doing but cannot stop him/herself from violent behavior, the person is not insane under M’Naughten. The New Jersey insanity defense must be based on a psychosis which is a disease of the mind.  A lesser illness such as anxiety may not rise to a level of New Jersey insanity defense. What constitutes a disease may be difficult to determine and requires the testimony of doctors.  Some wrongdoers are sick while others are bad, and the insanity defense exists because it against good morals to stigmatize people who are ill.

After an acquittal by insanity, the court may release the defendant without supervision or with supervision if is s/he may be released without danger to the society or him/herself; or commit the defendant to a mental health facility.  A defendant deemed insane by a court may not be confined in a penal or correctional institution.

Being charged with any crime is a serious life changing event that could put a defendant away in prison for years.  A defendant needs an experienced criminal defense attorney to examine all aspects of charges and strategize appropriate defenses.