Presenting the Insanity Defense in Illinois

This lecture describes the practical problems of presenting an insanity defense in Illinois. Topics include: (1) the clear and convincing standard, not guilty but mentally ill, and the elimination of the control prong of insanity, (2) choosing an expert and documenting a social history, (3) lay witnesses, (4) the use of objective testing, (5) fighting the "battle of the experts," (6) the consequences of an insanity finding, (7) jury instructions, and (8) closing argument.

Learning Objectives: 

1. Review Illinois law on the insanity defense
2. Understand the practical issues and pitfalls involved in presenting the insanity defense in an Illinois criminal case