Research Paper On Insanity Defense

Good Essays
“Honesty is the best policy, but insanity is a better defense.” - Steve Landesberg. Insanity Defense is an excuse used in court that is arguing that the defendant who committed the crime is not guilty due to their battle with mental illness, such as severe Depression, Anxiety, Bipolar disorder, Dementia, Schizophrenia, and much more. Insanity Defense should be authorized to all fifty states because the mentally ill cannot control their mind, they are not obtained from prison, but they are hospitalized and given treatment, and there is a low chance of the defendant winning the case.
Throughout their lifetime, people with mental disorders have battled somewhat of physical, emotional, and or sexual abuse. This causes them to have a traumatic
…show more content…
Four States do not allow Insanity Defense, such as Kansas, Montana, Idaho and Utah. Some of the jury will not believe that the defendant is truly insane, but just an excuse to dodge prison. “ Juries find only about 20 percent of the defendants who plead insanity”. It is a very small amount compared to thousands of cases that they court hear every year. Many states use The "M'Naghten Rule" states that the Defendant either did not understand what he or she did, or failed to distinguish right from wrong, because of a "disease of mind”. A common misconception of the insanity defense is that it is a get out of jail free card. In reality, “ The defense is used only about 1% of the time in felony cases and the acquittal rate is only 26%”. Numerous tests are in place to determine the validity of an insanity defense (M'Naghten rule, Irresistible Impulse test, and Model Penal Code, etc) so it is extremely difficult to fake insanity. The insanity defense is a way to provide help to those who need it; it is unfair to compare those suffering from mental illness to those who are not. And even if the defense is used, it does not mean it will be found true by the court and
Get Access