Trial and Defense

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School

Grand Canyon University *

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621

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Arts Humanities

Date

Jan 9, 2024

Type

docx

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Uploaded by AgentBook22578

1 Trial and Defense Tyria Foster College of Humanities and Social Sciences, Grand Canyon University PSY-621: Psychology and the Legal System Deborah Luckey October 18, 2023

2 Trial and Defense Introduction The topic of the insanity defense has been extensively discussed and disputed within the domain of criminal justice. It enables accused individuals to enter a plea of not guilty by justification that they were incapable, at the time of committing their offense, to comprehend the implication behind their actions or distinguish between what was right or wrong. The focus and objective attached to this essay is to take an in-depth look into various types comprising the madness bill while highlighting which one among them features most predominantly in diverse states across America; how frequently it's solicited during proceedings involving defendants charged with crimes as well as providing insight on evaluating procedures for establishing mental incapacity demonstrated by legal offenders plus insight from psychologists who act as expert witnesses tasked with supporting/proving an individual's claim based around being insane before prosecution can make its case otherwise against a defendant involved in crime-related charges filed against said individuals leading up until pre-existing litigation. Forms of Insanity Defense Within the various jurisdictions, it is widely acknowledged that there exist numerous forms of the insanity defense. These can take on several manifestations and may include any or all of the following: The M'Naghten Rule pertains to determining the culpability of a defendant by examining their ability to distinguish between right and wrong at the very moment when they perpetrated an offense. The Irresistible Impulse Test is a legal examination that takes into account the possibility of mental illness on how it affects and impairs an individual's ability to control their actions. The focal point of this test revolves around whether or not the defendant had inadequate restraint over their behavior due to any prevailing psychological issues they may have

3 been facing during the time in question, which could potentially absolve them from some level of culpability for said conduct. In accordance with the legal doctrine known as the Durham Rule, it is stipulated that in instances where a crime was committed partially or wholly due to an individual's mental illness, then said perpetrator may potentially be acquitted of guilt by way of utilizing insanity as grounds for defense. The Model Penal Code (MPC) Test adopts a wider perspective by examining whether, as a result of suffering from any mental illness or abnormalities in cognitive functions, the accused was unable to comprehend the criminal nature of their actions or conform them with lawful regulations (Bonierbale & Pham-Kanter, 2017). Most Common Insanity Defense in the States In recent times, states have frequently resorted to the "substantial capacity test" or "Model Penal Code" formulation as a way of implementing an insanity defense. This particular framework entails that for defendants to successfully claim the defense of not guilty by reason of insanity (NGRI), they need to illustrate how their mental condition hindered them from having significant capability either in realizing and comprehending the nature and essence behind their actions or adjusting their conduct so it would comply with legal standards at the moment when they committed said act(s). The idea behind this approach is rooted in diagnosing individuals who exhibit certain forms of mental disorder/defects during criminal proceedings. Frequency of Raising Insanity Defense The frequency with which an insanity defense is raised varies among cases. While precise statistics may be difficult to ascertain, studies suggest that less than 1% of all felony cases involve an insanity plea. Furthermore, successful outcomes using this defense are even rarer (Ogloff et al., 2017). Assessment for Insanity

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