Not Guilty by Reason of Insanity (NGRI / NGI)

Focus: Mental state at the time of the offense.
Primary question: Did a mental disease or defect impair the defendant’s ability to understand the nature of the act or distinguish right from wrong?

NGRI (or NGI in California) addresses criminal responsibility.
It evaluates whether the defendant had the capacity to form criminal intent given their mental illness at the time of the alleged act.

Key points:

• A defense strategy - the burden lies on the defense.

• Applies only to the time of the offense.

• Does not address current functioning.

• Requires a qualifying mental disease or defect (e.g., psychosis, severe mood disorder).

• California uses the M’Naghten standard (Penal Code § 25(b)).

• If successful, the individual will be ordered to treatment either in the community or at a hospital, which is largely risk dependent. Those determined NGI do not simply “walk free.”

This is fundamentally about culpability.

We can also help you with NGI evaluations - check it out!

Competency to Stand Trial (CST)

Focus: Current mental state.
Primary question: Does the defendant have the ability to understand the legal proceedings and assist their attorney?

Competency to Stand Trial addresses present-day functioning, not the time of the offense.

A defendant must be able to:

• Understand the charges and potential consequences

• Understand courtroom roles (judge, prosecutor, defense attorney)

• Have a rational understanding about how these factual components apply to their case

• Communicate meaningfully with counsel/participate in their own defense

• Someone must be competent to stand trial in order to consider using an NGRI defense

CST is about fairness of the legal process, not guilt or innocence.

Key points:

• Competency is a present functioning evaluation and competency can be questioned at any point during the court process.

• Restoration treatment in a hospital or in the community may be ordered if someone is incompetent.

• The evaluator must link symptoms of the mental illness to barriers/impairments to competency.

This is fundamentally about procedural capacity.

We can also help you with CST evaluations - check it out!

Mens Rea (Criminal Intent)

Focus: Mental state required for the charged offense.
Primary question: Did the defendant possess the necessary intent?

Mens rea literally means “guilty mind.”
It refers to the statutory mental element of a crime — such as intent, knowledge, recklessness, or negligence.

Examples:

• Did the defendant intend to cause harm?

• Did they knowingly engage in prohibited conduct?

• Was the act purposeful, reckless, or accidental?

Mens rea is a legal standard, not a clinical one, but psychological findings can inform:

• Whether a mental illness impaired deliberate intent

• Whether a cognitive or neurodevelopmental condition affected judgment

• Whether symptoms interfered with understanding consequences

Mens rea is about the mental element required for the specific charge, not about insanity or present ability to participate in court. Although the process of a mens rea evaluation will be very similar to that of an NGRI evaluation, as mental state at time of the crime is what is being assessed.

Example: A first-degree murder charge typically requires that the individual intentionally killed another person after forming the plan to do so, even if the planning period was brief. For example, if a person retrieves a weapon, considers using it, and then intentionally shoots someone with the purpose of causing death, this reflects the premeditation and deliberation required for first-degree murder.

This is what the law means by forming “intent;” therefore, the legal charge must have the intent component to be challenged.