Ultimately, only a jury can decide the issue of insanity, which in itself may be the most controversial aspect about the insanity defense. In other words, people who have no training in the field, rarely come into contact with the mentally ill and have a minimal understanding of the issues involved, make legal, long-lasting judgments that are frequently based on shifting criteria.
If he were to be denied the opportunity to use the defense, there would need to be a secondary set of defenses which allow the charges against him to be greatly mitigated. The team would have to consider accepting a plea to lessen the time he would ultimately be incarcerated. It would be unfavorable but because of the fact that there was actus reus but lacked mens rea, it would be hard to get him not have him serve any time at…