Florida AG Uthmeier says insanity defense must be reformed, calls on lawmakers to act

ORLANDO, Fla. - Florida Attorney General James Uthmeier is asking state lawmakers to consider a proposal that would overhaul the state’s insanity defense.

Uthmeier is proposing legislation that would tighten the standard for mental health claims in criminal cases while allowing treatment without reducing prison sentences.

The measure, titled the Insanity Defense & Mental Health Accountability Act, would replace the current insanity defense with a narrower "lack of mental state" defense. 

Under that approach, defendants could argue that a mental disease or defect prevented them from forming the specific intent required for a charged crime, rather than seeking a broad exemption from criminal responsibility.

What they're saying:

Supporters say the change is intended to eliminate what they describe as loopholes in the existing law while preserving due process. The bill focuses on criminal intent and does not excuse criminal conduct, they argue.

The proposal would also require objective testing to detect malingering during competency evaluations. Mental health experts would be required to use clinically recognized instruments to identify feigned or exaggerated symptoms, a step backers say would reduce subjective determinations and protect the integrity of court proceedings.

In addition, the legislation would authorize courts to order mental health treatment without permitting reduced punishment. Judges could consider mental illness when imposing a sentence within the statutory range, but treatment could not justify a downward departure below the minimum sentence required by law.

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Advocates of the bill say it modernizes Florida law while prioritizing public safety, allowing defendants to receive appropriate care while serving sentences commensurate with their crimes.

Proponents have pointed to cases from other states to argue for reform. They cite a Kentucky case in which a man was found not guilty by reason of insanity in the killing of a 6-year-old child, later released earlier than his sentence term and subsequently rearrested in Florida on a parole violation before being returned to Kentucky custody.

Supporters say the Florida proposal would help prevent similar outcomes by relying on evidence-based evaluations, separating treatment decisions from sentencing reductions and keeping people convicted of violent crimes incarcerated as required by law.

Insanity defense already faces high legal bar 

Dig deeper:

In Florida, the insanity defense allows defendants to avoid criminal responsibility only if they can prove they were severely mentally ill at the time of a crime and unable to understand their actions or know they were wrong. The defense is rarely used and even more rarely successful, reflecting the state’s strict legal standards and skepticism from juries.

Florida follows the centuries-old rule, requiring defendants to show a severe mental disease or defect that impaired their understanding. State law places the burden on the defense to prove insanity by clear and convincing evidence, a demanding standard that often relies on competing psychiatric testimony and extensive medical records.

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Raising the defense involves formal notice to prosecutors, court-ordered mental health evaluations and expert testimony at trial. If a jury finds a defendant not guilty by reason of insanity, the person is typically committed to a state mental health facility rather than released, remaining there until deemed no longer dangerous. 

The insanity defense remains controversial, with critics calling the standard outdated and the public often viewing it as a loophole. High-profile cases in Florida and beyond have fueled debate, prompting periodic calls for reform as lawmakers and legal experts weigh public safety against the treatment of defendants with severe mental illness.