Arguments Against Insanity Defense

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Recommended: General element of criminal liability

One of the most talked about and controversial defenses is the insanity defense. Case after case it seems to spark a lot of debate about whether it should be admissible or not. It is also one of the most rarely used, and rarely successful defenses. The insanity defense is a not guilty plea due to them lacking the mental capacity to realize that the crime they committed was wrong, or understand why it was wrong (Martin, 1998). This focuses on the mens rea of a crime, if they are able to differentiate between right and wrong, and looking less at the actus reus of a crime. Essentially it is a strategy to excuse a criminal from being punished for committing a crime, and avoid criminal liability through the insanity defense. Instead placing
These cases typically have bizarre things happening in them as well, that make them so fascinating to the public. There are many controversies surrounding the defense, some people argue it is misused, that people may fake insanity to get an acquittal or less severe conviction (Martin, 1998). However, in a 1979 sample of 1000 felony cases, less than five pleaded insanity, and no more than one was successful; the study found that the public overestimated the use of the insanity defense by 98% (Dafary-Kapur, 2010). The study also found that the public believes 25.6% of insanity acquittees are released right away without any conditions, or court mandated requirements. Realistically the number of insanity defendants that are released unconditionally is 1% (Dafary-Kapur, 2010). There are a lot of misconceptions about sentencing of those who plea insanity, or the punishment those people receive. This stems from the media and false information about cases where the insanity defense is used, or the lack of knowledge people have regarding mental illness. Since the vast majority of these cases host episodes of strange erratic behaviour people tend to think anyone who pleas insanity has more than just a mental illness. Typically, these people have to undergo psychiatric evaluations to see what is
Throughout the Andrea Yates case it is clear to see how confusing the not guilty by reason of insanity plea really is. There is no clear cut answers, and the courts have to review the case each year. After her sentencing to life in prison was reversed, the case looked more into what caused her to commit such crimes, and why someone would do such a thing. Her second sentencing focused on the mens rea, looking at what was happening in her mind before and during the crimes. Andrea had issues dating far before the date of the murders, and while these had previously been assessed no one could fully understand what was going on in her mind. Her sentencing the second time was to not be in prison at all, instead placing her in a mental institution where she could get the help she needed, and be supervised continuously. The problems with this case lay within the first trial. It focused too much on the thought that her murders were based off a tv show, and not enough on it being her own idea as a result of being mentally unstable. Pleading insanity is very rare as well there are not a lot of similar cases or verdicts that the court could have based her conviction off of. If they would have had different tests for mental disorders back in 2001 like we do now perhaps she could have been diagnosed better, and the crimes could have been avoided. Some

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