Insanity Plea Pros And Cons

The insanity plea: a plea implemented since 1581 within the quote in the Anglo-American law “If a madman or a natural fool, or a lunatic in the time of his lunacy do [kill a man], this is no felonious act, for they cannot be said to have any understanding or will,” (“A Brief History,” 2014).Yet, where did this idea of the insanity defense arise from? A quote from Aristotle saying “A person is morally responsible if, with knowledge of the circumstances, and the absence of external compulsion, he deliberately chooses to commit a forbidden act,” displays that this topic has begun as early as 500BC. (ASK ON CITATION) Throughout the years, different versions of the insanity plea has evolved within the defense. Criminal responsibility guidelines for defendants who are pleading insanity were codified in the British courts in the case of Daniel M’Naughten in 1843 (“A Brief

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.

According to Psychology Today (2012), the insanity defense is defined as an individual who is being charged of a crime that can recognize that he or she committed the crime, but argues that they are not responsible for it because of their mental breakdown during the crime, by pleading "not guilty by reason of insanity.” While this defense is considered to be a legal strategy, it can also be seen as an indication of what society may believe; “it reflects society 's belief that the law should not

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

There are a few different types of insanity pleas in the court of law; however, just because someone pleads insane will try actually be found insane. About half of the states follow the "M 'Naughten" rule, based on the 1843 British case of Daniel M 'Naughten, a deranged woodcutter who attempted to assassinate the prime minister. He was acquitted, and the resulting standard is still used in 26 states in the U.S.: A defendant may be found not guilty by reason of insanity if "at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong." (emphasis added) This test

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 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 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 word insanity is used by a defender in criminal prosecution to avoid liability for the commission of a crime by using a mental illness as a justification. Insanity is the mental state of not being able to distinguish fantasy from reality, lack of conduct affairs due to psychosis, or is subject to uncontrollable impulsive behavior (Lilienfeld 2009). In the article, Rethinking the Revolving Door Dereck Denckla argues that “while the number of people with mental illness in state psychiatric hospitals has decreased precipitously over the last thirty years, the number of mentally-ill people in jails and prisons has steadily increased (Denckla 2001).” This is because psychiatrists are leaving there patients unattended letting them cause damage to innocent people. However, threw out the years defendants have gotten away with insanity defense and delinquents now want to use this form of excuse as well. Insanity defense has made it difficult for the courts to determine an answer since they will need sufficient evidence to determine whether the defendant is guilty or freed because of psychological disorder. Cases like these should be taken to another level of

The insanity defense finally received harsh critism from the public until the 1981 assassination attempt on President Ronald Regan. On March 30, 1981 John Hinckley shot the president and several of his aids on live television. The whole world saw the shooting. There was no doubt that he did the shooting. On May 4, 1982, after a seven-week trail, in which a ton of psychiatrist testified for Hinckley's defense, Hinckley was found not guilty by reason of insanity. He was sent to a mental hospital in Washington D.C, where he remains today. This verdict outraged American's, as it should have. How can a man who shoots another man on national television be given a not guilty verdict(Gado)?

The problem with this defense is that insanity here is either examined from a legal angle or a psychoanalytical one which involves talking to people and having them take tests. There is however, no scientific proof confirming the causal relationship between mental illness and criminal behavior based on a deeper neurological working of the brain sciences. The psychiatrist finds himself/herself in a double bind where with no clear medical definition of mental illness, he/she must answer questions of legal insanity- beliefs of human rationality, and free will instead of basing it on more concrete scientific facts. Let me use a case study to elaborate my argument that law in this country continues to regard insanity as a moral and legal matter rather than ones based on scientific analysis.

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 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.

This rule focuses on cognition, which alone is not enough to determine whether someone is mentally disabled. The M'Naghten rule remained the definition of the insanity defense up until 1954.

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