Is having a Mental Illness a defense to a crime in Illinois?

In Illinois, having a mental illness can potentially be used as a defense to a crime under certain circumstances. The defense based on mental illness is commonly known as an "insanity defense." However, it's important to note that the standards and criteria for an insanity defense can vary among jurisdictions, including within the United States.

In Illinois, the standard for the insanity defense is set forth in the Illinois Compiled Statutes, specifically 720 ILCS 5/6-2. According to this statute, a person is considered not guilty by reason of insanity if, at the time of the offense, as a result of a mental disease or disorder, they lacked substantial capacity to appreciate the criminality of their conduct or to conform their conduct to the requirements of the law.

To establish the defense of insanity, the burden of proof is on the defendant. They must present evidence demonstrating that, due to their mental illness, they did not possess the substantial capacity to understand the nature and wrongfulness of their actions or to conform their behavior to the law.

If the court determines that the defendant meets the criteria for the insanity defense, they may be found not guilty by reason of insanity. In such cases, the defendant may be subject to psychiatric evaluation and potentially committed to a mental health facility rather than facing criminal penalties.

It's important to consult with a qualified criminal defense attorney in Illinois who can provide specific guidance based on the details of your case. They can help you understand the applicable laws, evaluate the viability of an insanity defense, and advocate for your interests within the legal framework.