te courts. Only about a quarter of those insanity pleas were successful, even though 90 percent of defendants who made the pleas were diagnosed with a mental illness. In 80 percent of the cases in which a defendant is found not guilty by reason of insanity, it's because the prosecution and defense have agreed on the plea before trial, according to the American Psychiatric Association. "The vast majority of people with a mental illness would be judged 'sane' if current legal tests for insanity were applied to them," the psychiatric association notes in its insanity defense fact sheet. "A mental illness may explain a person's behavior. It seldom excuses it." Dunham calls mental heath "one of the most complicated areas of criminal law, poorly understood not just by the public but by most defense lawyers as well." The public will be hearing plenty about mental illness and the law in coming months, as prosecutors and defense attorneys gear up to tackle two high-profile cases. One involves Richard Baumhammers, the white Mt. Lebanon lawyer with a history of mental illness who is accused of killing five people and wounding one in a shooting spree targeting ethnic minorities. The other involves Ronald Taylor, a black man with a history of mental problems who is accused of killing three white men and injuring two others in Wilkinsburg two months ago. Here are some of the legal terms, definitions and procedures that could come into play. Competency. This involves a defendant's capacity to understand the charges and the legal process, as well as assist counsel in preparing a defense. The courts are prone to find competency, Dunham said, adding, "Most defense lawyers are not very well schooled in presenting those issues." Theodore Kaczynski, the Unabomber, was found competent to stand trial, but Dunham characterized him as "objectively, utterly incapable of participating in his defense." Part of Kaczynski's mental illness was the inability to recogn...
