Kolbi 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 man is dragged in for questioning he still has no idea what had just transpired that night. Repeating himself over and over again Mr.Stevenson pleaded that he did not in fact commit the crime, and that someone framed him. The police do not believe him. The next day Stevenson is taken into a courtroom, as he looks around there is pure silence, his lawyer stands up and says “My client pleads insanity and mental incompetence.” The judge looks us and quietly laughs and says “Mr.Stevenson you are being sentenced to 50 years with no parole in maximum state prison.” As Mr.Stevenson is being dragged out of the room kicking and screaming of his innocence and swearing on his daughter 's life that he did not kill his wife, but no one believed him.
Inmates with mental illnesses in state penitentiaries is rising at a alarmly fast pace.
The individuals that are thrown into prisons with unknown or undiagnosed mental illnesses are severely mistreated and abused on a daily basis. They are
The article opens with a description of Ashley Moser, one of James Holmes’s victims, on the witness stand and her emotional account of what happened on the day of the shootings. Ashley and her 6-year-old daughter Veronica were watching a Batman sequel at a movie theater in Aurora, Colorado when the gunshots began. She tried to grab Veronica’s hand, but she was shot in the chest and fell on top of her. She was crushing her but could not move because she had been struck in the spine by a bullet. She later found out that Veronica had already been dead; she was shot four times. Doctors were able to save Ashley but not her unborn child. Ashley Moser lost two children and became paralyzed that day. Unfortunately, she was not the only one.
A Crime of Insanity is about a 26-year old psychology student names Ralph Tortorici. One day Ralph walked into his Greek History class at his State University of New York college campus in Albany, NY. When Ralph came to class, he had a hunting knife and a rifle hidden under his clothes. When he closed the door behind him, after entering his classroom, he told his class that he was taking them as hostages.
I completely agree media plays a very large role in the insanity defense claim. Its portrayed in movies and TV shows often. I think that multiple evaluations should be done by more than one psychologist. I think you would need more than one opinion to determine the truth. It would definitely be interesting to sit in on one of these
Another major factor is the lack of medical services in the prisons and jails. Many of the mentally ill are retained in the criminal justice system without the appropriate treatment needed because of the lack of trained staff in the mental illness field (Markowitz, 2011). There is usually limited access to treatment programs while incarcerated and a high risk of decomposition and deterioration (Rock, 2001). In a Frontline documentary on mental illness researchers estimated that about two thirds of the inmates in state facilities who did receive counseling or psychotropic drugs did not necessarily specialize in providing mental health services; leaving us to believe when the adequate treatment is being distributed is it being properly
In 1981 Steven Steinberg was accused of murdering his wife Elena Steinberg by stabbing her twenty-six times in Scottsdale, Arizona (Guy, 2015). At the time of the murder, Steinberg was the one who called law enforcement to report an attempted break-in at his home, even though no signs of force entry were found at the scene. During that time, the case drew a lot of publicity in the state of Arizona; not only because it was a horrifying crime, but because it was a case that involved a murder while sleepwalking. When the police linked him to the murder of his wife, Steinberg did not deny killing his wife but argued that he was not responsible for her murder because he claimed that he did not remember what happened and that he was sleepwalking at the time he committed the crime. Despite inventing the story about an attempted break-in at his home, the jury found him not guilty on the basis of being temporarily insane at the time of the murder, and walked away as a free man (Guy, 2015).
that their argument does not aim to diminish the rehabilitation of mentally ill, but focus more on preventing people without mental illness from using the defense. Conservative states such as Idaho have been successful in abolishing the insanity plea due to a general agreement of personal responsibility of its citizens (Geis & Meier, 1985). These states have yet to see backlash from the repeal of an insanity defense mostly due to the idea that these regions are predominantly conservative and the general population shares conservative ideals. In larger states repeal may be impossible due to the variety of different cultural and political beliefs.
“Couch suffers from “affluenza,” according to his lawyer. Which means that his wealthy parents pretty much let him get away with everything,” explains the Time article (Grey). In 2013 Keller, Texas a sixteen year old teen Ethan Couch, was driving drunk, passed the speed limit and crashed, causing four innocent deaths. Judge Jean Boyd, was going to give him 20 years in states custody but Couch’s attorney told Judge Jean Boyd, Couch did not know the difference from right or wrong and was able to convince Judge Boyd to only give him 10 years in rehab; in which the parents were willing to pay 450,000 a year for treatment. The rehab center was like a spa or a 10 years vacation. Many people are angry because they are abusing insanity defense and
Forensic psychology has had a lot of debates on the insanity defense. This paper serves as a review to explain why the article I’m reviewing relates to the insanity defense. The article I’m reviewing is called Psychosis and Substance Use: Implications for Conditional Release Readiness Evaluations.
Using insanity defense as an available option for criminals to get lesser punishment is a very controversial topic. There are many flaws within this law that should be taken into consideration when deciding if insanity defense should be abolished. Taking into account the strengths and weakness of this topic, it is clear that the insanity defense should most definitely be abolished.
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.
The purpose of the insanity defense is to protect the defendants that are found to be mentally ill. Although insanity may be difficult to prove, it gives the opportunity for others to prove that they are not mentally competent to understand the severe degree of their actions. An accused that is not mentally stable, is not able to stand trial like every other criminal. They have to find a different approach during their trial. They cannot think rationally, and they are not in contact with reality so therefore, they have the chance to use the plea. The defense is idea to those who actually have a mental disorder or have a history of dealing with a mental disorder.
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 to this concept, Hinckley committed his crime oblivious of the wrongfulness of his action. A mentally challenged person, including one with mental retardation, who cannot distinguish between right and wrong is protected and exempted by the court
"Insanity is defined as a mental disorder of such severity as to render its victim incapable of managing his affairs or conforming to social standards." (Insanity, pg. 1) It is used in court to state that the defendant was not aware of what he/she was doing at the time of the crime, due to mental illnesses. But insanity is a legal, not a medical, definition. There is a difference between mental illness and going insane. Many problems are raised by the existence of the insanity defense. For example, determining the patient's true mental illness (whether they are faking or not), placement of the mentally ill after trial, the credibility of the psychological experts, the percentage of cases that are actually successful,
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. If they are fully aware of their actions, one must prove that they didn’t know what they were doing was wrong. Volitional insanity, also known as irresistible impulse, states that the defendant is able to differentiate between right or wrong at the time, but suffered from a mental disease that made them unable to control themselves. Volitional insanity is common in crimes of vengeance, where very few states allow the use of this defense. The insanity defense should not be confused with incompetency. In incompetency cases, the individual is not able to understand the nature and consequences of the case, nor adequately able to help an attorney with his or her defense. The insanity defense reflects the approach that an individual who can’t acknowledge the consequences of their actions should not be punished for the crime. In most jurisdictions a professional is bought in to determine if the defendant was not able to differentiate between right or wrong at the time of the
The insanity plea is a poor excuse for serious lawbreakers, and should have no bearing in the sentencing of criminals. All criminal cases today have three ways in which a defendant can plea. Guilty, not guilty, or Insanity.