Fairfax County Prosecutor Lets Killers Escape Justice Through Insanity Defenses

The chief prosecutor of Fairfax County is letting some killers escape a conviction by accepting insanity pleas that would almost certainly be rejected by a jury. The insanity defense is used in less than 1% of criminal cases and is successful only about 25% of the time, making it a rare and difficult defense to employ. Defendants typically have to prove, by clear and convincing evidence, that they were unable to distinguish right from wrong due to severe mental disease or defect at the time of the crime. Merely having a mental disorder is not enough to establish an insanity defense. It is the defendant who has the burden of proving insanity.

But Fairfax County Commonwealth’s Attorney Steve Descano (D) has let 11 killers avoid conviction by accepting their plea of “Not Guilty by Reason of Insanity.” That’s about a fifth of the killers recently arrested in Fairfax County. So killers are 100 times more likely to avoid a conviction by claiming to be insane in Fairfax County than they would be in the rest of America. Even though there is no reason to think insanity is more common in Fairfax County than in the rest of the country, much less 100 times more common.

As Mary Katharine Hamm notes, “A man murdered Gret Glyer execution style, shot him” ten times “as he slept next to his wife.” The killing was premeditated, and the killer “even wrote it down in ‘The Plan.’” Yet Descano’s office has now accepted “a flimsy insanity plea” to send the killer to a “mental health facility, where he will be evaluated and eligible for release soon and over and over, each time potentially free and dangerous again.”