Insanity Defense Essay

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) In North Carolina we use The M’Naghten Rule to determine insanity. Other states may also use: The Irresistible Impulse Test, The Durham Rule and The American Law Institute’s Model Penal Code Test. (US Legal, 2001) The M’Naghten Rule focuses on whether

criminal responsibility simply because of a mental dysfunction is evident, rather than establishing a standard of criminal responsibility. This questions the application of insanity to all crimes rather than those involving mens rea only. Another criticism of the defence of insanity is that at a trial involving a plea of insanity there will be conflicting medical evidence given by both the prosecution and the defence, however the final decision of whether the D is legally insane or not is

The insanity defense is when the court finds the defendant insane during the time of the crime. That means that their actions were unintentional. Those that usually plea this get less time and a less severe punishment compared to those who are unable to use it. However, what many people forget to realize is that instead of going to jail where they are unable to take care of themselves they are shipped off to a mental institute where they will be monitored for a certain period of time until they are

The insanity defense must exist in the justice system; I have to disagree with this statement. Insanity defense is an excuse used in criminal trials which argue that the defendant should not be liable for their actions due to mental disorders. However, I strongly believe that that insanity defense system should be abolished. When tested for cognitive insanity, the defendant must be impaired by a mental disorder, at the time he or she committed the act and was not aware that the act was wrong. Another

The insanity defense is very controversial topic because it misunderstood. Society has long recognized the need for judges and juries to discern which defendant are criminals responsible. Many people do not understand therefore do not support it. The insanity defense is a defense available to individuals who committed a crime but are not found criminally responsible reason due to insanity. It is rarely used but when it is it stirs controversy. When it is used it has a low chance of it being successful

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

The ideological concept of an insanity defense, formerly termed “complete madness,” was originally incorporated into the English common-law jurisprudence system in the late thirteenth century of the United Kingdom as an affirmative defense for defendants under the yoke of criminal charges involving a heinous action which could involve the option of termination of a defendant’s life if adjudge guilty of such act (Hill). Through such incorporation of a legal defense, the institution of a new societal

Each state, and the District of Columbia, has its own statute outlining the standard for determining whether a defendant is legally insane, therefore not responsible, at the time the crime is committed. “An insanity defense is based on the theory that most people can choose to follow the law; but a few select persons cannot be held accountable because mental disease or disability deprives them of the ability to make a rational / voluntary choice. Such individuals need special treatment as opposed

While reading chapter 2 of The Insanity Defense we discussed many different versions of the insanity defense and whether or not they’re valid or not. This interested me so much that I decided to actually go online and research the most ‘insane’ ways to use the insanity defense. Within this research I found various cases where it was used and was so shocked at how bizarre almost all of them are that I decided to write a 3-page paper on it, enjoy. The first case I read about brings us all the way

current American Justice System has many issues, one in particular is the insanity defense. Defendants have used this plea in courts for many years, which have led to massive debates. The insanity plea weighs heavily in our society. A society that demands for justice. However, some people praise it as if it was sent from the heavens above. On the other hand, there are many people who view it as an unnecessary evil. “The insanity defense is rooted in a basic principle of justice; this it is unfair to hold