Settled Insanity - Case Example

Case Example

In Jervon Lamont Herbin v. Commonwealth of Virginia, Herbin appealed his conviction for attempted rape. The facts of the case are that Herbin was temporarily residing with the victim and was on crutches due to a gunshot wound received when he tried to enter his mother's house while on crack cocaine a week before. After requesting the victim to help him put on his socks, he threatened her with a knife and instructed her to take off her clothes. When the victim attempted to resist, Herbin stabbed her several times with the knife. The victim ceased resisting, and after threatening to kill her, Herbin pretended to call for assistance and eventually did call paramedics, giving them a false story regarding the victim's knife wounds.

At his trial Herbin testified that he felt disturbed that day and had no memory of what happened except seeing the victim sitting in a pool of blood. He also testified to numerous stressors, including the gunshot wound, breaking up with his girlfriend, and recent attempts at suicide. He introduced extensive evidence of a history of physical and sexual abuse, drug abuse, and suicide attempts as well as a lengthy hospitalization. Further, he had attended a sex offender treatment program.

Virginia does allow for a drug induced "settled insanity" as a defense to crime. However, Virginia draws a distinction between intoxication and long term substance abuse. In order to qualify for this defense, Herbin was required to provide substantial evidence of the presence of a mental disorder and the connection between it and the substance abuse. Herbin provided evidence of recent drug abuse and the victim testified that she had provided him with prescription drug, Halcion, and lay witnesses introduced evidence of his behavior on the day the offense was committed.

The appeals court held that a "settled insanity" defense requires substantial evidence of not only long-term and heavy substance abuse, but convincing evidence of a mental disorder that is related to the substance abuse. Although Herbin did provide evidence of substantial drug abuse, he was unable to provide expert witness testimony of a serious mental disorder. The court held that the substance abuse did not serve as evidence for a "settled insanity" defense alone without the link to a mental disorder. Although lay witnesses testified to his behavior, the court held that lay witnesses were not in a position to provide testimony on the issue of "settled insanity". Also, although Herbin did provide an extensive history of drug and sexual abuse, the court said no evidence showed either of these issues were causes or results of a mental disorder. Therefore the appeals court upheld his conviction.