This form is a sample letter in Word format covering the subject matter of the title of the form.
Pleading For Insanity In Broward
Category:
State:
Multi-State
County:
Broward
Control #:
US-0018LTR
Format:
Word;
Rich Text
Instant download
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FAQ
The Florida Courts E-Filing Portal is a statewide website mandated by the Florida Legislature and the E-Filing Authority that provides E-Filing capability to users with a single login.
The Florida Courts E-Filing Portal is a single statewide website where users can file court documents in Florida's trial and appellate courts. E-filing is the electronic filing of documents to the clerk's office.
Documents are electronically filed through the Florida Courts E-Filing Portal (the statewide portal). The statewide portal is accessible from the court's website (.2dca) or directly at . You must register for an account with the statewide portal.
By Florida law, the Clerk of Courts in each county is the official custodian of court records. Click here to access the Clerk's Online Services, including official records, civil/family/probate cases, criminal cases and traffic cases, or you may call the Clerk's 24-hour voice response system at (305) 275-1155.
Judge Ginger Lerner-Wren is the presiding judge of the court.
Those seeking to file a Petition for Assessment or Treatment for an individual in Broward County must go to the office of the Clerk of Courts and complete the forms in person. The petition will be reviewed by a circuit court judge, who will decide if the individual must comply with the petition for treatment.
Summons, writs, subpoenas and other documents that are issued by the clerk should be E-Filed. Choose the appropriate Document Group type from the dropdown list and then choose the appropriate Document Type for that group. The associated issuance fees will be automatically calculated.
For ePortal technical support, attorneys may contact the Florida Courts eFiling Portal via email support@myflcourtaccess, or call the Florida Courts eFiling Portal Support Desk at 850-577-4609.
Since the passage of the Insanity Defense Reform Act, the burden of proof lies on the defendant rather than the government. The defendant must provide "clear and convincing" evidence that, due to a mental illness, he/she did not mean to commit the act or did not realize that the criminal act was wrong.
Penal Code section 1026, et. Seq. Legal insanity requires that the person, by reason of mental disease or defect was incapable of either: Knowing the nature of his or her act. Understanding the nature of his or her act. Distinguishing between right and wrong at the time of commission of the crime.
More info
393.063(12), Florida Statutes. The idea behind the insanity defense is that a criminal defendant who is insane lacks the intent necessary to perform a criminal act.Florida uses the M'Naghten Rule for the insanity defense, says Broward criminal attorney Moore. The criminal defendant is presumed to be sane. Although widely popularized in the media as a way for defendants to avoid repercussions, few criminal defendants plead insanity. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. The idea of insanity may be outdated, but it still possible for a defendant's mental illness to influence the outcome of a criminal case.
