Define How Ethics And The Law Affect Your Profession

    What exactly is the insanity defense plea? The insanity defense plea is split into two categories, not competent to stand trial and not guilty by mental illness (Austin). Depending on the jury, courts use one or a combination of the following tests for legal insanity. The M'Naghten Rule, meaning the defendant either did not understand what he or she did, or failed to distinguish right from wrong, because of a "disease of mind.” The Irresistible Impulse Test is a result of a mental disease, defendant was unable to control his impulses, which led to a criminal act. The Durham Rule, regardless of clinical diagnosis, defendant's "mental defect" resulted in a criminal act. The Model Penal Code Test for Legal Insanity, because of a diagnosed mental defect, defendant either failed to understand the criminality of his acts, or was unable to act within the confines of the law (Austin). The test listed above give th jury and judge a better understanding of what was actually happening in ones mind at the time.

Professionalism is one of the most important aspects of counseling. Lacking professionalism may potentially cause harm to the client. In my opinion, professionalism begins and ends with the code of ethics. I feel that if you abide by the code of ethics you have nothing worry about regarding professionalism. The code of ethics summarizes the standards of integrity, professionalism, and confidentiality. A counselor is supposed to abide by the legal and moral standards of the community (Grold, 1996). All professionals should dress

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.

Insanity, by its dictionary definition, is the derangement of the mind. (Dictionary.com) It is used in everyday contexts, when people say “You are insane for doing that trick on your dirt bike ” or “ The traffic getting out of the game was insane last night!”. However the real definition, written by Cornell University Law School states that “A person accused of a crime can acknowledge that they committed the crime, but argue that they are not responsible for it because of their mental illness, by pleading "not guilty by reason of insanity." The insanity defense is traditionally classified as an excuse defense, in contrast with justification defenses like self-defense. This classification

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

The insanity defense is a plea from the defendant claiming he is not guilty as they do not have the mental capacity to appreciate what they have done wrong or comprehend the fact that they have committed a crime (Martin). The basis for insanity was introduced when Daniel M’Naghten attempted to assassinate the prime

The insanity defense has been used in several cases in criminal law. This defense basically states that the accused cannot be held responsible for what he/she did because they had no control over their actions. Many times the defense attorney will plea for a deal that the defendant be sent to a mental rehabilitation center for proper treatment. When using this defense the defense attorney will argue that there may be a chemical imbalance in his brain therefore he had no idea what he was doing at the time.

The word insane is a legal term. Because research has identified many different mental illnesses of varying severities, it is now too simplistic to describe a severely mentally ill person merely as insane. The federal law states that insanity is a fair defense if " at the time of the commission of the acts constituting the offense, the defendants as a result of sever mental disease or defect was unable to appreciate the nature and quality of the wrongfulness of his acts"(Knowles). The American

Ethical issues in the mental health professions will arise in a counselor’s profession. Therefore, in order to keep clients and or patients safe, as a mental health profession it is important to understand the primary purpose of a code of ethics. These guidelines are incorporated to safeguard the welfare of clients by providing what is in their best interest. Nonetheless, these codes and guidelines are also designed to safeguard the public and to guide professionals in their work so that they can provide the best service possible (Corey, Corey, & Callanan, 1998, p. 539)

The insanity defense, otherwise called the mental disorder defense, is a barrier by reason in a criminal case, contending that the litigant is not in charge of their activities due to a verbose or tenacious psychiatric infection at the time of the criminal demonstration. Competency figures out if a respondent will have the capacity to show up at trial and comprehend the procedures; sanity determines figures out if a litigant will be considered in charge of his criminal activities. Accordingly, a respondent who is skillful to stand trial may in any case be found not blameworthy by reason of

According to one source (2011, Black’s Law, Bryan A. Garner) insanity is “Any mental disorder sever enough that it prevents a person from having legal capacity and excuses the person from criminal or civil responsibility, insanity is a legal, not a medical, standard.” Another source states “In order for one person to be considered for the insanity plea, they must have a psychiatric evaluation and prove they were insane during the committing of the crime.”(1965, Psychiatric Justice, Thomas S. Szasz, M.D) If someone pleads not guilty by reason of insanity, than they undergo mental rehabilitation. The length of time in the mental rehabilitation is determined by how long it takes the individual to be mentally prepared to re-appear in court. After the individual is fit for re-trial, the individual returns to court and will than plead guilty or not guilty. In most trials, the defendant serves a punishment that is not as severe as it was

The claims of insanity people make must be legitimate for the insanity defense to be properly used. In attempt to escape conviction, an offender may lie about being insane. For example, although he claimed his “judgment and insight [was] distorted by unrealistic thinking,” Jamar Phenis was found “guilty of Arson and Malicious Destruction of Property and Second Degree Cruelty to Children” and was sent to “Allenwood Federal Penitentiary to serve out the term of his sentence” (Richie, Alam, Gazula, Embrack, Nathani, Bailey). Phenis was never insane, but he pleaded insanity in an effort to be found non-guilty. Because of offenders like this, assessments are made for test the mental state of an offender.

The insanity defense is a very complex criminal defense plea. Over hundreds of years, the insanity defense has evolved. The correct term for the insanity defense in a criminal case will be “not guilty by reasons of insanity” (NGRI). Many people have used the insanity defense without success. When someone uses the NGRI defense it is argued that a mental illness took full effect leading to an individual to commit a criminal act. Many have tried to use such a defense, yet one after another they have failed. The insanity defense is one of the hardest, if not the hardest defense to use. Pleading insanity can be tricky. One cannot simply plead insanity and expect for it to work.

Society frequently puts protections in place for those that are seen as vulnerable. These protections tend to cover those who are unable to defend themselves or fully understand what is happening around them. One of these protections is the ability to use a mental illness, defect or disability as a legal defense referred to as an Insanity Defense. The introduction of this practice came in 1844, when the defense for Daniel M’Naghten of Glasgow, Scotland was able to get him a Not Guilty verdict in a murder case. The case asserted that because of Daniel M’Naghtens altered mental state, where he experienced extreme paranoia and delusions; he was unable to make a conscious decision to do wrong or right according to the law. (Schmalleger, 128)

A significant and controversial issue within the legal system is the ‘insanity defense’ in which during a criminal trial, the defendant will make a claim that they are not guilty by reason of insanity, or in other words, they have deficient and impaired cognitive and mental capabilities. These mental health problems associated with insanity are caused by psychopathological disorders, which may have led to their dysfunction. What separates this from a regular plead of ‘diminished capacity’ is that a plea of insanity is a full defense rather than just a partial defense (Legal information institute, n.d.). With the diminished capacity defense, the defendant’s mental competence is still the focus, although they are pleading to a lesser crime