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.
In the states Idaho, Montana, Utah and Kansas the insanity defense has been abolished due to John Hinckley being neither found or guilty by reason of insanity in his attempted assassination of President Ronald Reagan. In cases where there is no option of the Insanity Defense, evidence of the defendant’s mental state may
Not Guilty By Reason of Insanity (NGRI) has been used and adapted throughout various court cases in history. Many specific rulings have played important roles in many high profile cases including those of Jeffrey Dahmer, John Hinckley and John DuPont. The following paper outlines various insanity rulings and specific cases they have been used in.
I completely agree media plays a very large role in the insanity defense claim. Its portrayed in movies and TV shows often. I think that multiple evaluations should be done by more than one psychologist. I think you would need more than one opinion to determine the truth. It would definitely be interesting to sit in on one of these
that their argument does not aim to diminish the rehabilitation of mentally ill, but focus more on preventing people without mental illness from using the defense. Conservative states such as Idaho have been successful in abolishing the insanity plea due to a general agreement of personal responsibility of its citizens (Geis & Meier, 1985). These states have yet to see backlash from the repeal of an insanity defense mostly due to the idea that these regions are predominantly conservative and the general population shares conservative ideals. In larger states repeal may be impossible due to the variety of different cultural and political beliefs.
Cryer et al. (2014) argue that insanity defense shouldn't be confused with defendant's incompetency. This is because individuals who are incompetent in a court of law are not able to stand their trial. For this reason, any incompetent defendant is held in a mental institution up to the period they are considered to participate or make informed decisions in the court of law's proceedings. Additionally, insanity defense that is perceived to be incompetence is separated from issues such as mental retardation. For example, a ruling that was carried out by the United States Supreme Court in 2002, Atkins v. Virginia argue that the effect of the defendants who are mentally retarded comprise of unusual and cruel punishment. This is not prohibited
There are several problems surrounding insanity defense: the most prominent one that psychologists and experts who testify face is judging the individuals psychological state retrospectively (Costano & Costanzo, 2013). The insanity pleas and defenses rely on the mental state of an individual at the moment they were committing the crime, not prior or after the crime. Therefore psychologists who evaluate these defendants are tasked with making judgements of an individual that was not available to them at the moment of crime and sometimes for long period after the crime.
Not guilty by reason of insanity is a defense strategy that has often been used by serial murderers in the past once an offender has been charged; however, contradictory to popular belief, this defense has been used in less than one percent of all criminal cases. According to Hickey, “The legal system uses the term insanity to define the state of mind of an offender at the time of the offense; offenders may be deemed insane at the moment of the crime and only for that period of time” (2014, p. 75). There have been four insanity defenses used in the United States to determine criminal responsibility, although only two are still in use to this day, and without much success.
To be real: I call myself crazy after checking my boyfriend’s location every hour to make sure he is where he says. Goodness, there are several conversations that led up to driving to the unknown location. Everyone can relate; but, it is a complete humiliation to those that suffer abnormal thoughts, feelings, and emotions. The easy-going, everyday decisions that normalcy demands terrorizes the brain of the insane. Get this, Brandon Gaille points out just how serious this problem is, “There are 51 types of insanity defense in the United States” (Gaille 2018). Legal systems take notice of the severity of mental illness. But, according to Natasha McKenna of the Washington Post, the answer to crime and insanity is to “hand them off” to a mental health institution and forget about the consequences of a person’s actions (McKenna 1). Mckenna practically dismisses people as objects, throwing
The insanity defense has been a controversial issue among many individuals and legal experts. Whether or not an individual 's current mental state can get in the way of their ability to differentiate right from wrong at the time of a committed crime has been a discussion of great debate among society. Although it is rarely used in criminal proceedings its credibility is still questioned by many people. People who believe that the insanity defense should be abolished argue that the individual committed the crime regardless of being insane or not and they deserve to be punished. On the other end of the spectrum, some people believe that individuals should not be punished for the crime they have committed because they suffer from a mental illness that made them unaware of their actions at the time of the crime.
The insanity defense, also known as the mental disorder defense, is a defense by excuse in criminal trials arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease. (“Insanity defense,” 2016)
Too many times in today’s society people don’t consider mental illness to be anything other than, voices in one’s head, or being a suicidal maniac. But actually it goes a lot farther than that. People who have a mental illness have gotten worse over the past 20 years, not that the illness has gotten any worse, because it hasn’t, but what it has pushed people to do has been drastically different. One common thing that is very controversial in America today is if someone has murdered, and they have a mental illness, should their punishment be the same as anyone else, or they be acquitted because of their illness.
In my opinion, the insanity defense should be in place for those individuals who are in fact mental incapable of fully understanding their actions. However, I perceive it as being used more often than actually applicable to people. Upon reading though, I was surprised that less than 0.2% of people have been found to be considered insane (Schweitzer, N.J., & Saks, M.J. (2011). As for the standards, I feel as if having either prior knowledge of the disorder or several expert opinions are needed to ensure the legitimacy of the plea. That being said, the neuroimaging should also be considered, if found to be more reliable and accurate upon further reflection. If a person is found to be legally insane, they should be treated medically as such. Furthermore,
Insanity defense should be illegal.Insanity defense is when people get convicted of murder they can they that it wasnt they’re fault and that they’re insane.
On Friday, March 3, 1843, the trial of The Queen v. Daniel McNaughton (West, Walk 12) began. The verdict of this trail changed the way the civilized world views the criminally insane. People who were criminally insane went from being viewed as evil and wild beasts to people who could not be held accountable for their actions at the time of the crime they committed. As time progressed, the insanity defense became an acceptable defense and rules were laid forth on how to declare people criminally insane. In this essay I will give the events responsible for the McNaughton trial and explain how it’s proceedings and verdict helped set forth the ground rules for the
The most common criteria for this defense are based on the M’Naghten ruling from 1843 (Bohm & Haley, 2012). There are also states that use the Irresistible Impulse Test (1844) and the Durham Rule (1954) (Moses, 2015). The M’Naghten ruling is also referred to as the “right-and-wrong test” and states that for a defendant to be considered legally insane they must have either, not known what they where doing or not realized that what they where doing was wrong. The Irresistible Impulse Test requires that it be proved the defendant was unable to stop themself due to a mental disease or defect (Moses, 2015). Under the Durham Rule a defendant is not guilty if the criminal act is a product of a mental disease or defect, meaning that if they where not affected by a cognitive impairment (Moses, 2015). In 1982 five states enacted laws that allow for guilty verdicts with an insanity addendum added to them, defendants that obtain these rulings are usually given psychiatric care until they are sane enough to be moved to the general prison population to serve out the rest of their sentence (Bohm & Haley,
The nature of lawful defenses, justification, excuses, and the insanity defenses studies the guidelines of controlling the different jurisdictions’ elements. This paper will examine a legal decision/case involving the defenses of justifications mentioned in Chapters 5 and 6. This paper will discuss the case which is state. Justification is a defense depends upon the need of a just cause or excuse (Schmalleger & Hall, 2014). Justification is a lawful reason for an act that signifies the defense of justification. The defense of justification in criminal law can excuse the defendant from responsibility for a criminal act where the act is seen as being required and where the defendant is required to make a choice of evils