Criminal Responsibility in Individuals with Dissociative Identity Disorder

2. This criticism is on the moral basis and the consequences. This section suggests that the crime is of more importance, then the moral imperatives. It also addresses the way a criminal, who does plea insanity, should be trialed and punished for the crime. It is suggested, that the criminal should be convicted and the mental illness should be taken in consideration at the time of sentencing. If this method would be used by the court, it would allow the judge to determine the length of imprisonment, within a hospital prison, and the defendant would have to provide prove of improvement to the once dangerous behavior. Retrieved from; West's Encyclopedia of American Law, edition 2 (2008).

The first criminal defense is pleading insanity which is an affirmative defense. Insanity is a “legal term rather than a medical one, and indicates a condition that renders the affected person incapable of rational thought, thereby removing criminal culpability” (Pollock, 2013). This means that a defendant is not responsible for their actions due to having mental health issues. If a defendant pleads guilty to a crime, but is found to be legally insane; they will still serve their sentence but with a lesser severe punishment. Once a defendant pleads insanity, they are often required to have a mental examination. When a defendant is in a court of law, they may claim that they were as mentally impaired with illness as to be “insane” at the time that they were committing the illegal act (Pollock, 2013). However, when pleading insanity it can also create issues by being used in a criminal proceeding.

The insanity defense has become popularized by criminal television shows, but it is not used as portrayed. According to Dr. Zachary Torry, a psychiatrist, the defense is actually used in one percent of cases and not even one-fourth of those cases will succeed in front of a jury (Torry). Furthermore, the legal definition of insanity is very different than the societal definition. As stated by George Blau, a criminal defense lawyer, “insane” does not describe someone who is psychotic or crazy, but it instead describes someone who does not know the difference between right or wrong. They are found not guilty by reason of insanity (NGRI) because one of the three traits of a crime is not evident. The three traits are a guilty mind (mens rea), a prohibited act, and a pre-established sentence (Blau). For the insane, there is no mens rea because someone cannot feel guilty for an act that they do not know is wrong. Therefore, those found NGRI have a different punishment than those convicted of a crime. Their sentence is often time at a mental institution where treatment is available, but the sentences can be irregular and unchecked by government associations. Therefore, the insanity defense may need to be amended, by requiring monitoring of the cases and adopting the mens rea approach or to be completely abolished because of its potential improper use and a lack of proof.

The Insanity Defense is used in criminal cases in which the defendant argues that due to their mental state, such as uncontrollable behavior during the time of the crime, they should not be sentenced, and instead should receive medical treatment.  Additionally, if the  defendant does not have the mental competency to understand the wrongfulness of the crime because of their mental illness, they should not be charged. If the defense is successful, in lieu of detainment, the defendant is sent to a secure psychiatric facility to receive treatment until deemed “sane” (Gerber 2-4.) The Insanity Defense protects the inalienable right of being of being tried fairly under the law. However, the defense faces great opposition. There are critics who call

Dissociative identity disorder (DID) is a psychological condition in which a person will create one or more alternate identities. DID (formerly known as multiple personality disorder) is just one of three dissociative disorders. This disorder is set apart by the way the identities “switch” from one to another. Patients who suffer from dissociative identity disorder can often lead normal lives when diagnosed properly and treated accordingly; sometimes, they cannot. People suffering from dissociative identity disorder often have similar causes, symptoms, and treatments.

Dissociative Identity Disorder (DID) is the “severe condition in which two or more distinct identities, or personality states, are present in—and alternately take control of—an individual” (psychologytoday,2018,1). Dissociative Identity Disorder was first diagnosed in the late 1800s by Doctor Jean-Martin Charcot. This disorder affects about 1 percent of the United States population. This disorder is more common in females than it is in males. For example, Britney Spears has suffered from Dissociative Identity Disorder since 2008. Some of her alter egos include, “The British girl, other alter egos include the weepy girl, the diva, and the incoherent girl” (Ranker, 2018, 1). Therefore, many people have this disorder without anybody even knowing

However, more recently states have been adopting a more interpretative view on the insanity plea. The American Law Institute (ALI) requires the defendants to be judged and found not guilty if either two of theses points can be adequately established in the court of law. First of all they must show that due to an mental disease or defect the defendants lacked, at the time, the substantial mental capacity either to understand what they did, and, secondly to conform their act to the requirements of the law.# In the court of law you can also plea that at the time of the crime you were in a diminished capacity, incapable of premeditation. Which means that even though you are sane in your everyday life at the time of the crime you were in a sudden mad rage, causing you to act the way you did, so therefore you were temporarily insane. While an insanity defense could be raised in almost

The insanity defense has been a controversial subject for years, as it touches some sensitive topics pertaining to mental illness. In many cases the insanity defense is presented as a defense mechanism and many times an excuse. The defense will argue that the defendant is not responsible for their actions due to an irregular act at the time of the crime. “Even when the prosecution has met this burden of proof, the insanity defense serves as an affirmative defense for the defendant,” (Grachek, 2006). Currently there are four forms of the insanity defense which presently exist:M ’Naghten, irresistible impulse, substantial capacity, and Durham. M’ Naghten insanity defense also called the right-wrong test, for the reason that it is cognitive and focuses on the offender’s

As society has become more aware and sympathetic to mental illness we have become more wary of the insanity defense. We have restricted the use of and the definition of what a

Dissociative Identity Disorder (DID), or Multiple Personality Disorder (MPD), has a seemingly long history. Some psychologists and psychiatrist reason that cave painting from the Paleolithic era depicting shamans changing into animals and embodying spirits is evidence of multiple personalities (Cohen 88). Written evidence dates back to as far as the 18th century in which talks of a 20 year old German woman who exchanged personalities with, that is adopted the personality of, a French aristocrat but was unable to recall this personality when later questioned about it (Cohen 89). The 19th century saw the works of Jean Pierre and William James in the discovery of a system of ideas split

People diagnosed with this disorder experience an inability to recall important personal information. This is largely due to being taken over by the other alters or personality states. People often find themselves in another place with no knowledge of how they got there. They describe feeling separated, detached or floating above their body during dissociative episodes. It is also not uncommon for people to feel, “That they are sharing their body with others. DID is based on the idea that an individual has more than one distinct personality and people with DID usually experience the sensation that others are living in their body” (Stickley). Despite this feeling, patients are usually unaware of these other identities and even the people close to them may not notice the changes in personality. Some of these alters may be violent, but almost exclusively towards the host. These people are often violent towards themselves and suicidal as one personality attempts to kill off another. DID is a dissociative disorder which most of the time are a response to stress. Most clinicians view dissociation broadly, “With nearly everyone having some experiences of being lost in a daydream, reverie, book, or movie, and relatively few having the experience of complex and chronic dissociative experiences resulting in functional impairment”

“Dissociative identity disorder (DID), which was formerly known as multiple personality disorder (MPD), is a disorder in which an individual has the presence of two or more identities or personality states” (Pais 2009, pg.1). Throughout this paper the reader will be provided with information regarding Dissociative Identity Disorder; a disorder that is truly as unique, and complicated as the human mind. Reading this paper will help the audience grasp a better understanding of how and why such a complicated disorder can occur, by focusing on topics such as; prevalence, controversial issues, symptoms, side-effects and treatment options.

Dissociative identity disorder (DID) is a rare dissociation of self in which an individual exhibits two or more distinct and alternating identities. In other words, two or more personalities− each with its own unique traits and individuality− seem to control an individual’s behavior at different times. Therefore, it is possible for an individual to be outgoing and enthusiastic one moment, apathetic and shy the next.

There are many people who believe that they are associated with what is called an alter ego. It is assumed that acting in any particular way that is completely out of the ordinary of any person’s typical character makes the assumption that there is an alter ego that is being experienced, but unfortunately that’s not technically true. Dissociate Identity Disorder formally known as Multiple Personality Disorder is way more severe than that. According to the DSM-5 there ae three important characteristics that have to meet some specific criteria before being able to diagnose a person or even self-diagnose yourself with DID. It is known that any person diagnosed with DID have to be experiencing more than one distinct personality which during this

Dissociative Identity Disorder (DID), formerly known as Multiple Personality Disorder, is defined as “a severe condition in which two or more distinct identities, or personality states, are present in—and alternately take control of—an individual”. In 1994, the name of the disorder was changed to reflect a better understanding of the condition. DID is characterized by fragmentation, not by the growth of separate identities.