The insanity defense was first used by U.S. Congressman Daniel Sickles of New York in 1859 after he had killed his wife 's lover, Philip Barton Key. The insanity defense asserts that a criminal defendant should not be found guilty due to the defendant 's “insanity,” but insanity in this context refers to a very specific dysfunction. The theory behind the defense is that a person who is insane lacks the intent required to perform a criminal act because the person either does not know that the act
The purpose of this essay is to explain why the insanity plea, or the insanity defense as it is also known, is not a legitimate defense for any type of crime. The insanity defense has been around for a number of years but does it make a mockery of the legal system? While many people have used the insanity defense, it loses more times than it wins. This defense is used when someone believes they did not know right from wrong while committing the crime. The problem with this is that it is hard
The insanity defense has been quite a controversial subject. It has been used by some of the most baleful criminals in history. Its controversy derives from the belief that people who plead insanity are excused from the fault of their crimes. Surprisingly however, this defense is rarely used because of how hard it is to prove legal insanity. Less than one percent of criminals choose to plead insanity and of those who choose to plead insanity the success is quite low at 25 percent.( Rolf. p. 2) This
The insanity defense is the most controversial criminal defense that is used in courts (The Insanity). Ironically, it is the defense that is used the least. According to a professor of law at Santa Clara University, Professor Alexander, the plea is only used one percent of the time, and works less than half the time it is used (Steibel). In cases where it is used, it tends to get a lot of attention from the media which provokes debate from the public (The Insanity). Critics have reservations concerning
In criminal cases where an insanity defense is used, the defense must prove beyond a reasonable doubt that the defendant was not responsible for his or her actions during a mental health breakdown. There are two forms of an insanity defense, cognitive and volitional. In order for an individual to meet the requirements for cognitive insanity it must be proven that the defendant had to be so impaired by a mental disease at the time of the act that they did not know the nature of what they were doing
Liguori Mr. Cruikshank Forensic Psychology 15 March 2016 The Insanity Defense: Is It Insane? There are a total of fifty one different types of insanity defense in the United States. One for federal law and one for each of the fifty states in the US. Of every one hundred insanity defense cases, less than one is successful every year. The success rate is about .26% annually (“Insanity Plea Statistics” OccupyTheory.org). The insanity defense has been a subject for debate for quite some time due to the
The insanity defense has been established and turned into a challenging but in many ways an understandable and effective defense system in a criminal justice process. Within the legal system, there has to be two general requirements for criminal sanction against an individual Mens rea and actus reus. Therefore, guilty mind or guilty act must be present to present that an individual committed the crime. The insanity defense originates from the knowledge that certain medical illness with the individual’s
The Insanity Defense Former U.S president Ronald Reagan was shot by a man named John Hinckley in the year 1981. The president along with many of his entourage survived the shooting despite the heavy infliction of internal and external injuries. The Hinckley case is a classic example of the 'not guilty by reason of insanity' case (NGRI). The criminal justice system under which all men and women are tried holds a concept called mens rea, a Latin phrase that means "state of mind". According
Introduction Torry, Blau 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
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