The Insanity Defense By Steven Steinberg

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 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

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

It is within my opinion, that the insanity defense is used over excessively and is taking part in almost every defense to any crime. Offenders seem to have the knowledge to the use of this defense and will often provide a plea to guilty by insanity or temporary insanity, within the faith, to receive a reduced sentence. While insanity has to be a proven fact and a

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 order to take a look at whether people should be allowed back into society after being found non-guilty of a crime due to insanity, first we have to discuss what the insanity defense actually is and the history of it. The insanity defense refers to a plea in which defendants are found not guilty due to a mental issue that compromises their ability to determine whether they committed right or wrong. However, some states also allow people to dispute that they could not control their actions. (2) The most notable case of insanity defense was Regina v M’Naghten which occurred in Britain during 1581. A treaty passed stated that, “If a madman or a

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

The word insane is a legal term. Because research has identified many different mental illnesses of varying severities, it is now too simplistic to describe a severely mentally ill person merely as insane. The federal law states that insanity is a fair defense if " at the time of the commission of the acts constituting the offense, the defendants as a result of sever mental disease or defect was unable to appreciate the nature and quality of the wrongfulness of his acts"(Knowles). The American

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,