Pros And Cons Of The Insanity Defense

People who are against this, think that this plea is an tactic the lawyers use to get their clients less time in jail, or inclusively get them into a better place such as a mental hospital. I understand that they think this way because there has been cases where it has been done with those intentions. However, we need to understand that psychiatrists knowledge is not the same, it is more advanced. In addition, we need to know that lawyers will not determine if the person was insane, but only claim him to be. It is all up to the psychiatrists who will examine the accused who will undergo many test that will determine him insane in the time of the crime scene. Fersh, the author of “Thinking of the Insanity Defense” stated in his book that, “ The American Psychological Association is primarily interested in providing empirical research to serve as a basis for informed public decisions, assisting the judge and jury in making legal, scientific and moral determinations, and ensuring appropriate treatment for mentally impaired offenders. The APA supports the insanity defense and believes that all mentally impaired defendants, regardless of guilt or innocence, deserve sufficient treatment following the verdict, especially if they pose a threat to themselves or others. The organization is greatly concerned over the issue of releasing dangerous individuals to society after inadequate treatment and would like to provide

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

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.

The Insanity defense is mentioned as confusing to the psychiatric and legal concept. Furthermore, it is explained that the word “insane” is more of a legal word, then a medical term, and therefor to prove a person or a criminal insane, one must find the mental condition, of a criminal, severely impaired to the point of losing one’s free will. A psychiatrist may be or may not able to determine such illness, and a jury’s decision solely based on a psychiatrists’ opinion may be grounded on unreliable evidence. Retrieved from; West's Encyclopedia of American Law, edition 2 (2008).

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

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.

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

In the state of Tennessee the insanity plea falls under Tenn. Code Ann. § 39-11-501 which is an affirmative defense to the prosecution which constitutes the offense. Under this annotated code the defendant can not appreciate the wrongfulness of his/her actions due to a severe mental disease of defect; however the mental disease or defect does not constitute the defense. The burden of proof is on the defendant to prove the insanity defense by clear and convincing evidence (Tenn. Code Ann. § 39-11-501,

The history of the insanity plea is highly extensive. The highly controversial plea has given serial killers, rapists, and criminals the opportunity to get a reduced sentence if they prove that they are not mentally stable. The insanity plea has been around longer than some people may think, dating all the way back to the Roman Empire. Some of the current tests that determine if someone is legally insane are the M’Naghten Rule and the Model Penal Code. People who would take these tests are well known killers, such as Jeffrey Dahmer and John Wayne Gacy.

The insanity defense dates back to 1843. A man named Daniel McNaughtan tried to assassinate British Prime Minister Robert Peel. He attempted to kill the prime minister and successfully killed the prime ministers secretary. When brought to court he pleads not guilty by reason of insanity. He was found not guilty by reasons of insanity. The U.S criminal justice system adopted this legal procedure that now is established. The insanity plea has been used for the past one hundred and fifty years.

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.

"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,