The criminal justice system is a system of law enforcement that is involved in prosecuting, sentencing, and punishing those who have committed a criminal offence. When every member of society is aware of their individual rights and the laws enforced, the criminal justice system is very effective, but when a contributor to society is mentally insane and commits a criminal offence everything changes. In Frontline’s A Crime of Insanity, a twenty-six year old psychology student, Ralph Tortoricci, walked across the Albany campus of the State University of New York with a hunting knife and a Remington .270 rifle. He took a class hostage and later wounded a nineteen year old sophomore. Ralph obviously committed a crime but the problem is: was he acting while sane or insane? In the eyes of the law and the criminal justice system, it is very easy to assume that he deserved to be punished and sentenced to mandatory jail time, but if he was acting out of insanity, did he deserve jail time or a mental institute? This exact situation is something the criminal justice system has struggled with on a daily basis. It is very difficult to determine if the individual was mentally insane and determining if the insanity was the sole reason for committing a crime is almost impossible and usually left up to the jury. Frontline’s A Crime of Insanity is an extensive video of a man who is criminally insane yet convicted of kidnapping in the second degree. Through my summary and personal reaction to the video along with a critical evaluation of the criminal justice system it will be evident that this system is flawed and unethical.
On December 14th, 1994, Ralph Tortoricci walked into Lecture Center number five of the State University of New York and annou...
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...and beliefs must change in order for it to become an ethical system that is fair for everyone involved.
Works Cited
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Unlike Shayne, Jessica, and Joseph, Peter and Alan’s story with the criminal system was different. Peter and Alan had little in common besides having mental illness and dying at the hands of untrained cops. Peter was born within a very abusive family, and he was diagnosed with bipolar disorder. Pfeiffer describes Peter as “slow and simple, and his childhood was as tumultuous”(131). Whereas Alan was bright enough to get into University of Tampa which was interrupted because of his mental deterioration. Overtime, Alan’s behavior changed to be intense and aggressive. After being hospitalized, his mother took care of him up until her death, it was then that things intensive for him. Alan was large sized and he hated cops. One day, due to assumption of a female officer, Alan was shot and killed. According to the officer “crazy people are unpredictable” (127). Likewise, with time Peter’s behavior also changed especially with his mother. Peter had taken violent actions towards his mother. The criminal system was them involved and from that point on he was no longer looked at as a mentally ill 205-pound individual, yet as a criminal, who refused arrest, and his action “determined how they treated him” (120). Just like Alan he was killed during an arrest, he was suffocated by the cops. Their encountered with the cops could’ve been different if those cops were trained to recognize the symptoms of psychosis and if they knew how to respond to
Seigal, L. J., & Worrall, J. L. (2012). Introduction to criminal justice (13th ed.). Belmont, CA: Wadsworth.
Interest and debate have greatly increased over the Not Guilty by Reason of Insanity (NGRI) plea since the 1970s. The legal definition of insanity as understood by Dunn, Cowan, and Downs (2006) is, “a person is thought insane if he or she is incapable of knowing or understanding the nature and quality of his or her act of distinguishing right from wrong at the time of the commission of the offense.” There are several investigations needed in the area of NGRIs plea, especially in the area of gender. Research on gender is needed because of its potential to influence the presentation and formation of the rule of law. Throughout many cultures the general assumption is that men are significantly more aggressive than women, whereas women often are characterized by passive and communal traits (Yourstone, 2007 ). Public opinion on insanity cases is often viewed negatively. Furthermore, the public often believe that insanity defendants go free after they are found NGRI. However, according to Dunn et al., (2006), “the NGRI sits at the low end of the ultimate outcome measure, whereas the death penalty sits at the high end.” The public in general view a mentally ill person as dangerous. The main reason for this is the media’s inaccurate perceptions of the mentally ill as violent (Breheney, 2007). Another problem is the public generally overestimates the insanity defense success rate. According to Breheney et al., (2007), “There are nine insanity pleas for every 1,000 felony cases of which 26% (about two) are successful.” However, the argument has been that insanity defenses are used as a means of escaping severe penalties in the most serious of crimes. Several questions arise from this topic in both psychology and law. It is important f...
Looking beyond women's issues and questioning basic humanity, we find a deceptive, unstable yet somehow egotistical governmental department. With an organization like this in control, there is no hope of rehabilitation for the prisoners as was discovered throughout the inquiry performed on Correctional Services Canada.
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Much of my skepticism over the insanity defense is how this act of crime has been shifted from a medical condition to coming under legal governance. The word "insane" is now a legal term. A nuerological illness described by doctors and psychiatrists to a jury may explain a person's reason and behavior. It however seldom excuses it. The most widely known rule in...
Prior to taking this course, I generally believed that people were rightly in prison due to their actions. Now, I have become aware of the discrepancies and flaws within the Criminal Justice system. One of the biggest discrepancies aside from the imprisonment rate between black and white men, is mental illness. Something I wished we covered more in class. The conversation about mental illness is one that we are just recently beginning to have. For quite a while, mental illness was not something people talked about publicly. This conversation has a shorter history in American prisons. Throughout the semester I have read articles regarding the Criminal Justice system and mental illness in the United States. Below I will attempt to describe how the Criminal Justice system fails when they are encountered by people with mental illnesses.
The issue of executing mentally ill criminals has been widely debated among the public. They debate on whether it is right or wrong to execute a person who does not possess the capacity to think correctly. The mental illness is a disease that destroys a person’s memory, emotion, and prevent one or more function of the mind running properly. The disease affects the way a person thinks, feels, behaves and relates to others.When a person is severely mentally ill, his/ her ability to appreciate reality lack so they aspire to do stuff that is meaningless. The sickness is triggered by an amalgamation of genetic, and environmental factors not a personal imperfection. On the death penalty website, Scott Panetti who killed his mother in-law and father-in-law reports that since 1983, over 60 people with mental illness or retardation have been executed in the United States (Panetti). The American Civil Liberties Union says that it is unconstitutional to execute someone who suffered from an earnest mental illness (ACLU).Some people apply the term crazy or mad to describe a person who suffers from astringent psychological disorders because a mad person look different than a mundane human being. The time has come for us to accept the fact that executing mentally ill offenders is not beneficial to society for many reasons. Although some mentally ill criminals have violated the law, we need to sustain a federal law that mentally ill criminals should not be put to death.
Lamb, H. R. (2004). Mentally ill persons in the criminal justice system: Some perspectives. Psychiatric Quarterly, 108-126.
The insanity defense pertains that the issue of the concept of insanity which defines the extent to which a person accused of crimes may be alleviated of criminal responsibility by reason of mental disease. “The term insanity routinely attracts widespread public attention that is far out of proportion to the defense’s impact on criminal justice” (Butler,133). The decision of this defense is solely determined by the trial judge and the jury. They determine if a criminal suffers from a mental illness. The final determination of a mental disease is solely on the jury who uses evidence and information drawn from an expert witness. The result of such a determination places the individual accused, either in a mental facility, incarcerated or released from all charges. Due to the aforementioned factors, there are many problems raised by the insanity defense. Some problems would be the actual possibility of determining mental illness, justify the placement of the judged “mentally ill” offenders and the total usefulness of such a defense. In all it is believed that the insanity defense should be an invalid defense and that it is useless and should potentially be completely abolished.
Garrett, Brandon. Convicting the Innocent: Where Criminal Prosecutions Go Wrong. Cambridge, MA: Harvard UP, 2011. 86. Print.
In this paper, the ethics of police management is examined in the framework of organizational justice and how management strategy effects police corruption through employee perception and proper employment strategy. Organizational Justice as studied by Muchinksy (2008) and cited by Crow, Lee and Joo (2012) is the concept of how employees perceive their treatment by management. (Crow, Lee, & Joo, 2012)
Mental health and the criminal justice system have long been intertwined. Analyzing and understanding the links between these two subjects demands for a person to go in to depth in the fields of criminology, sociology, psychology, and psychiatry, because there are many points of view on whether or not a person’s criminal behavior is due to their mental health. Some believe that an unstable mental state of mind can highly influence a person’s decision of committing criminal actions. Others believe that mental health and crime are not related and that linking them together is a form of discrimination because it insinuates that those in our society that suffer from poor mental health are most likely to become a criminal due to their misunderstood behavior not being considered a normality in society. In this report I will go into detail of what mental health and mental illness is, what the differentiates a normal and a mentally unstable criminal, give examples of criminal cases where the defendant’s state of mind was brought up, introduce theories surrounding why one would commit crimes due to their mental health, and lastly I will discuss how the criminal justice system has been modified to accommodate mental health issues.
Criminal Justice professionals make decisions everyday and they have to be able to recognize when an issue involves ethical considerations. Therefore, in order to recognize these issues and make appropriate and correct decisions, it is important that the criminal justice professional study ethics. In order to make a good ethical decision the professional will have to have the ability to apply knowledge of ethics, know the ethical terminology and the concepts needed in making a good ethical decision.