The Burden of Proof in Insanity Cases in TX

In Texas criminal proceedings, the insanity defense is one of the most misunderstood parts of the criminal procedure. We often see this portrayed in popular culture as a way for defendants to "get out of" a crime they committed. In reality, though, an insanity defense is very different. It is difficult, very technical, and it has a very heavy legal burden on the entire defense team. One of the most critical elements of these cases is this: who bears the burden of proof in insanity cases in TX?

Understanding how the burden of proof works in the state is very important for defendants and their families. Unlike other types of defense in Texas, this one is treated quite differently, and it has unique requirements and legal standards.

Working with a team like Sparks Law Firm can help people in this situation understand more about the insanity defense in Texas and why these cases are so different than others, specifically when it comes to proving insanity with competent evidence.

What Does “Burden of Proof” Mean in Texas Law?

In criminal law, the burden of proof determines who must prove a fact and how convincing that proof must be. Typically, in a Texas courtroom, the burden of proof lies with the prosecution. They must prove that the defendant is guilty beyond a reasonable doubt.

In an insanity defense, however, it's very different. It's not about proving criminal responsibility or criminal conduct. Instead, it's about proving that the person has or had a severe mental illness that contributed to their actions and caused them to not know right from wrong. To do this, the defense must show clear and convincing evidence.

Insanity as an Affirmative Defense - Texas Penal Code

Under Texas law, insanity is classified as an "affirmative defense," not a general one. There is a big difference between the two.

Texas Penal Code § 8.01 states that a defendant is considered to be insane if, when they did the criminal offense, that they were suffering from a serious mental disease or mental health issues that caused them not to know that his or her conduct was wrong.

Once this defense is used, the defendant is no longer relying on the presumption that they are innocent until being proven guilty. Instead, they are saying that they did the crime, but that they didn't know it was wrong based on their mental disease or defect.

Who Bears the Burden of Proof in Texas Insanity Cases?

In Texas, the defendant and their legal team bear the burden of truth in these cases. This means:

• The prosecution does not have to prove the defendant was sane.

• The defendant must prove they were legally insane at the time of the offense.

• If the defendant fails to prove this, the insanity defense fails—even if mental illness is present.

This is one of the reasons insanity defenses are rarely successful and why defense attorneys hesitate to use them. For more information, hire a criminal defense law firm in Fort Worth TX.

What Standard of Proof Applies?

While the defendant bears the burden, Texas law does not require proof beyond a reasonable doubt in these cases. Instead, the defendant must prove insanity by a preponderance of the evidence.

This means that it is more likely than not that the defendant was legally insane at the time of the act.

Although this is a lower standard than beyond a reasonable doubt, it is still difficult to meet. This is especially true given the way the sate defines insanity.

Texas Uses a Narrow Definition of Insanity

Texas follows a strict version of the M’Naghten Rule, which focuses on whether the defendant understood that their actions were wrong.

Under Texas law:

• Mental illness alone is not enough, even if a person was in a mental hospital

• Emotional disturbance, impulsivity, or poor judgment does not qualify in these cases

• The defendant must have been unable to distinguish right from wrong due to a severe mental disease or defect

This all limits the type of evidence that can be used to satisfy the burden of proof. It also excludes a lot of mental health conditions that might seem relevant.

What Evidence Is Used to Meet the Burden of Proof?

Meeting the burden of proof in an insanity case requires a lot of carefully presented evidence. Common forms of evidence include:

Expert Psychiatric Testimony

Expert testimony is almost always the most important part an insanity defense. Psychiatrists or psychologists evaluate the defendant and testify about their mental condition at the time of the offense.

However, expert opinions are just that -- opinions. Jurors can accept or reject expert testimony at any time.

Medical and Mental Health Records

Past diagnoses, hospitalizations, inpatient treatment histories, and medication records may be introduced to show a history of mental illness. However, the only thing that matters is what the defendant's mental state was at the time of the action.

Lay Witness Testimony

Family members, friends, coworkers, or others who observed the defendant’s behavior before, during, or after the alleged offense can testify. This information can help show a person was delusional, paranoid, or unable to determine reality.

Defendant’s Statements and Conduct

The defendant’s own actions—such as attempts to hide evidence, flee, or explain their behavior—can significantly impact the insanity claim. Conduct suggesting awareness of wrongdoing often undermines the defense.

How Prosecutors Challenge the Insanity Defense

Once the defendant raises insanity, prosecutors focus on showing that the burden has not been met. Common prosecutorial strategies include:

• Highlighting evidence that the defendant knew the conduct was illegal or wrong

• Emphasizing planning, concealment, or evasion

• Using rebuttal experts to dispute psychiatric conclusions

• Pointing out inconsistencies in witness testimony

• Arguing that mental illness did not rise to the legal threshold for insanity

Prosecutors often argue that while a defendant may suffer from mental illness, they were still legally responsible for their actions under Texas law.

The Role of the Jury in Insanity Cases

In Texas, the jury ultimately decides whether the defendant has met the burden of proof. Even when expert testimony supports insanity, juries may be skeptical.

Jurors often struggle with:

• Temporary Insanity: When It Applies and How It Works in TX

• Concerns about public safety

• Fear that a defendant will “walk free”

Judges typically instruct juries that a finding of not guilty by reason of insanity does not result in immediate release. However, misconceptions persist, making persuasion difficult.

What Happens If the Burden Is Met?

If the jury finds that the defendant has proven insanity by a preponderance of the evidence, the verdict is not guilty by reason of insanity (NGRI).

This does not mean the defendant goes home.

Instead:

• The defendant is committed to a secure mental health facility

• The court retains jurisdiction

• Release occurs only after extensive evaluations and court approval

In some cases, confinement can last longer than a traditional prison sentence.

What Happens If the Burden Is Not Met?

If the defendant cannot prove that they were insane at the time of the crime, the following happens:

• Their claim of insanity fails

• The case turns into a standard criminal trial

• The jury will not take insanity into consideration when determining guilt

Why the Burden of Proof Makes Insanity Cases So Challenging

The way Texas law is set up has a direct impact on these cases because it makes them so difficult. In this case, the following often occurs:

• The defense team has to prove that the criminal defendant has a mental health condition

• They also must prove that the condition caused the defendant to not know their actions were wrong

• In a jury trial, juries are often very skeptical about these cases

• Judges and juries also often don't always believe expert testimony

• The evidence presented must focus specifically on the time of the criminal conduct

Because of all of this, an insanity defense is not common, and it's only used when there is a lot of evidence supporting the claims. But who decides the sanity of a defendant in TX? Read more of our blogs to find out.

The Importance of Experienced Legal Representation

Successfully handling the burden of proof in an insanity case in Texas requires a lot of knowledge. Not only must the legal team understand Texas law, but they also must have an understanding about mental health conditions, forensic psychology, and jury dynamics. These cases are often very intense and require a lot of preparation and strategy.

A criminal defense lawyer must show that a mental illness not only exists, but that it caused their client to not know that they were doing something wrong.

Work with Sparks Law Firm When Facing Criminal Charges

The burden of proof in Texas insanity cases is one of the most difficult and demanding things a criminal defense attorney will have to do. They must prove that their client was insane at the time of the crime, and that they didn't know that they were wrong in their actions. This must all be backed up by the strongest evidence, including expert testimony from psychological experts.

Understanding how this all works is difficult. If you or your family member is facing charges and you want to consider an insanity defense, reach out to Sparks Law Firm for a free consultation.