Insanity Defense Essay
When the Durham case arose the insanity test was changed. Judge David Baezelon stated that, "an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect." (Mental Health Law and the US Judicial System, pg 4) This was the foundation for the new insanity test. Baezelon worked with psychologists and psychiatrists in developing the new test and in 1962 the "Durham Rule" was founded. It was said to be better than the M'Naghten rule in that it included both cognition and volitional impairment. The M'Naghten rule didn't include volitional impairment, which is an irresistible impulse while cognition impairment is not understanding the quality of the act. The federal courts eventually rejected the Durham rule because its definition was too broad. Alcoholics, compulsive gamblers and drug addicts had successfully used the defense to defeat a wide variety of crimes.
In 1972, the American Law Institute (a panel of legal experts) developed a new rule for insanity as part of the Model Penal Code. This rule says that a defendant is not responsible
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Insanity Defense : The Insanity Defence
2259 Words | 10 PagesKolbi Jones English 1301 Rebecca Balcarcel November 16, 2016 The Insanity Defence His wife collapsed on the ground with a pool of blood around her head, her husband confused of the events that had just transpired. Hearing the sirens in the distance getting closer and closer; suddenly a hard bang coming from the door followed by a man yelling “Mr. Stevenson come out with your hands up”. Confused and in a daze, the man slowly walked out screaming, asking what happened and how he got here. When the…
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The Defense Of The Insanity Defense
1342 Words | 6 PagesThe 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…
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Insanity as a Defense
871 Words | 3 PagesIn this article I will consider whether the current claw defence of insanity is ineffective, out-dated and in need of reform. I will do so by contemplating several criticism of the insanity defence arising from the M’Naghten rules . The concept of insanity as a defence was established in the early eighteenth century in the Arnold’s case (1724) and was further developed in the late 18th century in the Hadfield’s case (1800), but the standart test of criminal liability was only formed after the case…
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Insanity And The Insanity Defense
1444 Words | 6 PagesIn 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…
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The Insanity of the Temporary Insanity Defense Essay
2477 Words | 10 Pages"Not Guilty, By reason of Insanity!" These words have stung the ears of many courtroom observers, especially the families and friends of victims whose lives were snuffed out by a so-called 'insane' assailant. While there are indeed many insane people running around the streets today, I feel that many persons who use the temporary insanity defense are more conniving than insane. Also, being an inexact science, the psychiatric community often offers up differing opinions as to any particular individual's…
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The Court Of The Insanity Defense
1451 Words | 6 Pagesfor the insanity defense arose in the British courts in 1834 when a woodturner named Daniel M’Naghten shot and killed the secretary of England’s Prime Minister. The insanity defense is a difficult, but occasionally successful defense system in a court of law. The law varies from state to state however, the idea remains the same. The defense allows a small number of defendants to get out of a crime if they are deemed legally insane. Only being approximately 180 years old, the insanity defense allows…
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The Insanity Defense : Is It Insane?
969 Words | 4 PagesLiguori 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…
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The Defense Of The Insanity Defense
1706 Words | 7 PagesThe 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…
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The Insanity Defense Essay
1269 Words | 6 PagesThe 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…
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Insanity And The Insanity Defense
1636 Words | 7 PagesThe 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…
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