Justification, Excuses, And The Insanity Defenses

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.

"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 sanity. Furthermore, money or lack thereof can play a major role in the success or failure of an insanity defense. The temporary insanity defense should therefore be abolished, especially for felony offenses such as murder.

Introduction 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 prosecution reduced the charge from murder to manslaughter as they did not believe the requisite degree of reckless indifference or lack of mens rea were sufficient evidence to support the charge of murder. The use of discretion is outlined in the

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

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

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 defense has been around for centuries. It can be dated back to the 14th century. Kings were willing to pardon crimes to those who were deemed “mad”. By the 18th century the “ wild beast” test was developed by some English courts. However, the

The insanity defense was created to help protect people from the law, specifically those who due to serious mental illness could not be held accountable for their actions, regardless of how horrific they were. (Insanity, Religion, Terrorism 238) There should be no prejudice based on the mental deficiencies, incompetency, and mental illness of a person. Rather, the law should be malleable to be inclusive of everyone. The Constitution of United States represents the national framework of the government. The abolition of the insanity defense violates the Fourteenth Amendment, which is the Due Process Clause. Due Process Clause explicitly states no person shall be “deprived of life, liberty, or property without due process of law”, due process meaning fair procedures. Within the Constitution also lies the Eighth Amendment, which prohibits cruel and unusual punishments. To put a mentally ill or incompetent person on stand is a cruel and unusual punishment. Therefore although the public does not have a full comprehension of how the insanity defense works, in order to abide by the United States Constitution insanity defense MUST be available in a criminal matter.

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 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 insanity defense “is traditionally classified as an excuse defense, in contrast with justification defenses like self-defense. This classification indicates

The Insanity Plea 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. The word insane is a legal term. Because research has

Insanity Defense PSY205 Sara Wolhart Dr. Durbin Introduction 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. Synopsis Those individuals

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.

"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,

Insanity Defense When learning about the legal elements of a crime, it is stated that in order to establish a crime was committed Actus Reus and Mens Rea must be shown. There is however, a default in this procedure. The Free Dictionary defines insanity as “Insanity a legal term for mental illness of such degree that the individual is not responsible for his or her acts.” This is one of many legal definitions of insanity, and as you can see a key part of this definition is “not responsible for his or her acts.” How can we then decipherer Mens Rea ? When making an insanity defense, you are making the argument that the defendant had no Mens Rea during the crime or even a persisting condition. This is where controversy begins, and many debates start to rise about the circumstances of using this as a defense. As studies continue, and more cases are brought out using the insanity defense the increase in demand for a consistent diagnosis is fast approaching. One of the many defaults with cases with this particular defense is, there is never one diagnosis, and different events lead up to other areas. There is only one repeating factor that all insanity defenses have in common, which is the lack of Mens Rea.