The Criminal Justice System: Different Types of Criminal Defense

Throughout the course of history, society has tried to explain and diagnose the abnormal behavior of individuals with mental illnesses. Originally, folklore and other concepts dating back to ancient times, influenced societies to define and label those individuals that expressed abnormal patterns of behavior as mad, insane and mentally ill (Henderson, 2009). Treatment and legal proceedings for such individuals often incorporated cruel and unusual punishments and in some cases even death. Over time, societal views on the available treatments and legal proceedings for the mentally ill have changed drastically. Legal defense for those with mental illnesses, known as the insanity defense became available as far back as King Henry III’s reign over England (Ahia, 2009). The insanity defense is often used interchangeably with: the insanity plea as well as the phrase “not guilty” by reason of insanity. The accepted use of the insanity plea by the defendant, an individual whom is accused of a crime, is determined by the mental health evaluations of the court’s legal standards and or by mental health professionals. The issue of mental illness and the insanity defense becomes controversial when those with mental illnesses commit heinous crimes and use the “not guilty” by reason of insanity defense. The public fears that the individuals are using a questionable and concerning defense to be pardoned for committing violent crimes and that those individuals who are found not guilty and

When analyzing the legal defenses and excuses for criminal responsibility, it becomes easy to understand the importance behind each individual example. With the criminal justice system being as complex as it is, these legal excuses or defenses for criminal responsibility prove their significance, as some people have no control over crime, and don’t deserve to be held fully responsible for the crime committed. The six main legal defenses that allow an offender to be considered not responsible, or less responsible for a criminal act includes acting under duress, underage, insanity, self-defense or in defense of a third party, entrapment, and necessity. Any one of these conditions can allow an offender to have little to no criminal responsibility for the crime committed, thus granting less punishment to the presumed guilty criminal.

There are a lot of courses of action that have to be taken when it comes to the plea. Regardless of all the processes that have to be done, it is better for a mentally ill defendant to seek this alibi. It is imperative for the accused to try to give a justification for their actions in order to avoid getting possible jail time. With the diagnosis of a mental health professional, they are able to provide verification of their mental illness. The insanity defense is the only defense that they are supplied with to defend their position in a case. According to the article, Insanity Defense: Proposals

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

I do not believe that all individuals accused of a crime should be able to use an insanity defense because it would morally unjust. Some people who commit a crime do know what is happening and that is was wrong at the time of the cime. If the defense chooses to belive the criminal is insane then they should be given the substantial- capacity test to ensure that they did

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.

Upon reaching a verdict or accepting this plea, the court would sentence the defendant for their crime pursuant to the law upon any defendant convicted of the same crime. The defendant would then be remanded to a designated psychiatric center or correctional facility with a mental health unit. Should the mental illness abate, the defendant would then remain in prison for the duration of their sentence. Nineteen states have already enacted laws to allow a "guilty but mentally ill" verdict. In addition, three states have eliminated the insanity defense all together.

"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.

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

The three components of the American criminal justice system are the police, courts, and corrections. These components operate independently of one another and maintain different goals, histories, and operating procedures (Neubauer & Fradella, 2017). There are two commonly accepted models of the criminal justice system, the crime control model and due process model. These two models vary at the basic level, the crime control model aims to protect society at all costs while the due process model protects the rights of individual citizens (Neubauer & Fradella, 2017). Americas criminal justice system is plagued with multiple issues that drive a wedge between the people and the criminal justice system, such as inconsistencies within the law,

Insanity, comes from the Latin word sanus, meaning healthy. Insane is meant to be the opposite, sick or of unsound mind. # In the court of law, the jury must prove that at the time of the crime, the defendant was not in a sane mind. The attorneys job is to prove without a doubt, that the defendant was not in control of their actions, at the time the crime was committed. Once this is done and the verdict is given, if found guilty by reason of insanity, the person is usually sent to a mental hospital, where treatment can be give. Once at the hospital the patient is then give therapy and even drugs if needed. At the time when the person and the doctors feel he/she are capable of going back into society, and when

The insanity defense has been a controversial subject for years, as it touches some sensitive topics pertaining to mental illness. In many cases the insanity defense is presented as a defense mechanism and many times an excuse. The defense will argue that the defendant is not responsible for their actions due to an irregular act at the time of the crime. “Even when the prosecution has met this burden of proof, the insanity defense serves as an affirmative defense for the defendant,” (Grachek, 2006). Currently there are four forms of the insanity defense which presently exist:M ’Naghten, irresistible impulse, substantial capacity, and Durham. M’ Naghten insanity defense also called the right-wrong test, for the reason that it is cognitive and focuses on the offender’s

When a person is charged with a crime the type of defense that they choose could ultimately determine their fate. There are many different types of defenses that exist in our criminal justice system. In this paper I will be taking a brief look at two different cases that have implored two different types of criminal defenses. I will look at the nature and types of defenses used in the cases and what evidence was used to demonstrate defense. I will describe how justification and excuse played a role in the cases and I will also be describing the outcome of each case.

A significant and controversial issue within the legal system is the ‘insanity defense’ in which during a criminal trial, the defendant will make a claim that they are not guilty by reason of insanity, or in other words, they have deficient and impaired cognitive and mental capabilities. These mental health problems associated with insanity are caused by psychopathological disorders, which may have led to their dysfunction. What separates this from a regular plead of ‘diminished capacity’ is that a plea of insanity is a full defense rather than just a partial defense (Legal information institute, n.d.). With the diminished capacity defense, the defendant’s mental competence is still the focus, although they are pleading to a lesser crime

Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The