Throughout history, there have been many criminals who used the insanity defence to receive a fair trial, but some of of these people were not actually insane. However, in the case the 1989 Montreal massacre, Canadian journalists medicalized Marc Lepine's deviance in their writing techniques to divert the public’s attention from the event. According to Horwitz (1981), the medicalization of criminal behaviour “refers to the tendency to define deviance as a manifestation of an underlying sickness, to find the causes of deviance within the individual rather than in the social structure. . .” (p. 750). The type of deviances that can be viewed under the term “medicalization” is mental sickness and child abuse. For example, some journalists referred …show more content…
To prove, Mary-Sue Haliburton believed that “Marc Lepine's execution of [the women] was based on a false analysis of his problem and that his abusive father [was the one who] messed up his life” (The Ottawa Citizen, …show more content…
Penfold then tried to justify her claims that misogyny and violence shaped Lepine’s beliefs and attitude and while this might be true, she ignored Marc Lepine’s claims when he stated that he hated feminist who have ruined his life and even ignore his suicide note where he stated that his actions was for political purposes. These evidence proved that the offender was at the time sane when he committed murder. However, Penfold used her journalistic power to bring the issue to the public agenda from an insanity perspective. The conclusion was that these newspaper official who the public depend on for information used the medicalization of Marc Lepine’s deviance to justify his actions. They constructed an ideology that the offender suffered from child abuse, therefore he was “mad” and“sick”. A deviant behaviour that was characterized as a mass massacre was now viewed as a mental problem by the public. There should be no doubt that if Lepine was alive, his lawyers would have used the insanity defense to justify his
When he separated all the girls onto a corner, one girls tried explaining him that they are not feminists, just ordinary girls wanting to be engineers. He was so carried away by his hatred that he addressed all the engineering students as feminists “women who are going to be engineers are a bunch of feminists” (Eglin and Hester, 2003) and killed them. In Marc’s life, just as in any criminal’s life, the absence of empathy played a major role in making him a criminal and committing a crime.
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).
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
2. This criticism is on the moral basis and the consequences. This section suggests that the crime is of more importance, then the moral imperatives. It also addresses the way a criminal, who does plea insanity, should be trialed and punished for the crime. It is suggested, that the criminal should be convicted and the mental illness should be taken in consideration at the time of sentencing. If this method would be used by the court, it would allow the judge to determine the length of imprisonment, within a hospital prison, and the defendant would have to provide prove of improvement to the once dangerous behavior. Retrieved from; West's Encyclopedia of American Law, edition 2 (2008).
Mental Illness - The prisoner’s moral culpability for his offending is reduced by reason of his mental illness and the objective
3.2.2 The compromising of the mentally ill perpetrators Health to themselves and the general community
It has long been acknowledged that an offender who as a result to mental disorder, is incapable of understanding the nature and quality of a criminal act, or of recognizing that it was wrong, should not be convicted. Bill C-54 the Not Criminally Responsible Reform Act deals with the accused who has been found Criminally Responsible because of mental disorder. Not Criminally Responsible (NCR) is defined in Section 16 of the Canadian Criminal Code, stating that if someone is deemed NCR he or she cannot be held accountable for the offence they’ve committed, merely if at that time they were suffering through a mental disorder. The Bill will enact three main factors which will affect the mental disorder regime
The criminal justice system is a system of law enforcement that is involved in prosecuting, sentencing, and punishing those who have committed a criminal offence. When every member of society is aware of their individual rights and the laws enforced, the criminal justice system is very effective, but when a contributor to society is mentally insane and commits a criminal offence everything changes. In Frontline’s A Crime of Insanity, a twenty-six year old psychology student, Ralph Tortoricci, walked across the Albany campus of the State University of New York with a hunting knife and a Remington .270 rifle. He took a class hostage and later wounded a nineteen year old sophomore. Ralph obviously committed a crime but the problem is: was he
The ideological concept of an insanity defense, formerly termed “complete madness,” was originally incorporated into the English common-law jurisprudence system in the late thirteenth century of the United Kingdom as an affirmative defense for defendants under the yoke of criminal charges involving a heinous action which could involve the option of termination of a defendant’s life if adjudge guilty of such act (Hill). Through such incorporation of a legal defense, the institution of a new societal grouping known commonly as the “criminally insane” became expounded, as well as, the legal opportunity allowing for self-declaration of being “innocent by reason of mental illness or defect”(or, the insanity defense). Those criminally insane are a subset of the prison population who have been deemed to have committed their crimes under the influence of a mental disease/disorder, or who were not in a condition of intellect during the time of the crime to comprehend the illegality or immorality of their offense (Frontline). Only if the defendant has plead insanity before the court can they be considered a truly criminally insane inmate. There are manifold condemnations sustained by the judicial system ranging from guilty but insane to not guilty by reason of insanity, as well as the legal states of incompetency and diminished capacity. This distinction has become a substance of federal law, but as soon as a defendant is convicted, the treatment of the convicted individual is left
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 of Daniel M’Naghten (1843). This case established the special verdict of ‚‘not guilty by reason of insanity‘.
The insanity defense of Andrea Yates: The country was absolutely appalled when it heard that Yates, a mother of five children, had killed each of her children resulting in a horrific family slaughter. There were extremely polarized feelings about this case- sympathy (concluding
The insanity defence is one of the most controversial topics in the legal system, used by many criminal defendants as an excuse for their unlawful activities. In fact, the Canadian legal system has experienced this in the case of Valentine Shortis, an Irish Immigrant who was convicted of killing two men, injuring one and attempted murder on March 1, 1895. Charged with murder and sentenced to death, Valentine’s Lawyer St. Pierre argued that he suffered from insanity, such as his inability to distinguish right from wrong. Moreover, there was evidence from Shortis's friends, families, and neighbours who claimed that Shortis was a very vain and mischievous person. According to Friedland, the crown (Macmaster) stated that “he did many eccentric,
Medicalization of deviance is the transformation of moral and legal deviance into a medical condition (Macionis, et, al., 2013, p.169). In addition, it is a process that is not a medical problem, but defined or treated as a medical problem. Medicalization of deviance refers to the way in which a condition or behavior is considered abnormal and offensive by the masses, and it is transformed from deviance to mental illness (Macionis, et, al., 2013, p.169). Up until twentieth century alcoholism was viewed as moral weakness because when people get drunk, they become hostile and can commit in despicable acts, such as sexual assault, and child abuse. Medicalization of deviance labels in crime, affects those who responds to it, and how people respond
What is equally absurd is that Meursault remains passive and detached over the course of a year of interrogations, and despite the pessimistic nature of his situation, he is able to feel a sense of comfort and belonging within the system trying to condemn him. Ironically, those witness testimonies that sought to free him prove to be the most damaging, and the religious people who surround him and purport to love all men unconditionally persecute him for his lack of belief. Everyone is astonished that Meursault has no emotions about the murder --no sense of remorse or desire to repent. Most men in his position find
Roy Blunt, American politician, once said, “People with mental health problems are almost never dangerous. In fact, they are more likely to be the victims than the perpetrators. At the same time, mental illness has been the common denominator in one act of mass violence after another.” There is a misconception that mental disorders such as dissociative identity disorder and schizophrenia are the same. Today’s society often see all mental disorders as one, however, they are very much different. If one was to say someone with multiple personalities is the same as someone who has hallucinations and/or has delusions, they are incorrect, which is why in specific cases such as schizophrenia, the legal term “not guilty due to mental disorder” should be valid.