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...
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..., & Svenson, O. (2008). Evidence of gender bias in legal insanity evaluations: A case vignette study of clinicians, judges and students. Nordic Journal Of Psychiatry, 62(4), 273-278.
Yourstone, J., Lindholm, T., Grann, M., & Fazel, S. (2009). Gender differences in diagnoses of mentally disordered offenders.The International Journal Of Forensic Mental Health, 8(3), 172-177.
Zonana, H. V., Wells, J. A., Getz, M. A., & Buchanan, J. A. (1990). The NGRI Registry: Initial analyses of data collected on Connecticut insanity acquittees: I. Bulletin Of The American Academy Of Psychiatry & The Law, 18(2), 115-128.
Zonana, H. V., Bartel, R. L., Wells, J. A., & Buchanan, J. A. (1990). Sex differences in persons found not guilty by reason of insanity: Analysis of data from the Connecticut NGRI Registry: II. Bulletin Of The American Academy Of Psychiatry & The Law,18(2), 129-142.
What’s more, the success rate of those cases is only about 26%. Insanity defense can be a possible escape to crime, but in order to state as true the defense of insanity or the insanity plea, the person who is being sued or was sued must declare that he/she is not responsible for his/her actions because of their mental health problem. That person must strongly express that he/she was not aware of the actions. Usually, the first thing that is done in a person’s insanity plea is that he /she needs to go through a thorough mental process. Psychologists or Psychiatrists can help the process on how to figure out the person’s actual state of mind during the crime. However, they are not in the position to decide whether the person is really insane. Only the jury can decide whether the statements in court or the findings support the criminal insanity defense. If the court finds the person is guilty for the possible crime but she or she was not mentally responsible during the time that the crime was committed, often, they will be sent to a psychiatric hospital or placed in a mental hospital for the criminally insane. Usually, punishment is not forever; it will only last until the person is no longer a threat to the people of the world. There are cases where they claim insanity only lasts a certain period of time. This kind of defense is very hard to prove. If the person declares that their
These women have been increasingly going to jail for longer periods of time for minor crimes, the most frequent crimes that are being convicted are mostly related to drug and alcohol related crimes as well as theft (Mental Health Coordinating Council, 2010). A survey conducted in New South Wales of female inmates had concluded that; 80% are current smokers, 78% have used an illicit drug(s), 67% were unemployed in the six months prior to incarceration, and 66% of these women had also been in a violent/abusive relationship (Mental Health Coordinating Council, 2010). It has been argued that the risk factors for offenders are derived from that of genetic theories of crime and that they are an adequate guide for correctional supervision and treatment-planning decisions for females, however others argue that this approach is highly flawed and does not take into account gender differences (Rettinger & Andrews 2010). This is an issue in the CJS and its importance cannot be undervalued, the assessment for the risk and need has implications for the assignment of female offenders to a correction option that is the least restrictive, the assignment to an appropriate intervention dosage, appropriate targeting of criminogenic needs, and an understanding of female offending (Rettinger & Andrews 2010). Due to the increasingly large number
The Insanity Plea is a book about the Uses & Abuses of the Insanity Defense in
Slobogin, Christopher. "The Integrationist Alternative to the Insanity Defense: Reflections on the Exculpatory Scope of Mental Illness in the Wake of the Andrea Yates Trial." American Journal of Criminal Law (2003): Vol. 30 Issue 3, p315-341.
With murder charges of fifteen people, cannibalism, and necrophilia hanging over his head, Jeffery Dahmer plead not guilty by reason of insanity. Since Dahmer was a child he had shown withdraws and avoidance of society. He had a habit of collecting dead animals, and he would dissect, dissolve them in many different ways. When Dahmers plea of insanity was rejected by the court, he was then charged with fifteen counts of murder (Yoong). Many believe that when Jeffrey Dahmer 's plea was rejected that it was the end of anyone using, but that isn’t the case. It is used quite rarely, but it is still in use. In all reality, the insanity plea should always be rejected. The only way it should be allowed is if the criminal is fully innocent. “The insanity
Lamb, H. R. (2004). Mentally ill persons in the criminal justice system: Some perspectives. Psychiatric Quarterly, 108-126.
Van der Knaap, L., Alberda, D., Oosterveld, P., & Born, M. (2012). The predictive validity of criminogenic needs for male and female offenders: Comparing the relative impact of needs in predicting recidivism.Law and Human Behavior, 36(5), 413-422. Retrieved from http://ehis.ebscohost.com.proxy-library.ashford.edu/eds/pdfviewer/pdfviewer?sid=5dc33823-1541-4e10-9ac6-36b6fbb83bbf@sessionmgr4003&vid=3&hid=4203
Jurik, Nancy C. and Russ Winn. 1990. “Gender and Homicide: A comparison of Men and
Law Commission, 'Criminal Liability: Insanity and Automatism', (Discussion Paper) para 1.61, citing/referring to; N Sartorius, “Stigma of Mental Illness: A Global View” in L B Cottler (ed), 'Mental Health in Public Health: the Next 100 Years' (2011) p 213-222 & H Schulze, 'Reducing the Stigma of Mental Illness: A Report from a Global Programme of the World Psychiatric Association' (2005)
Lamb, H. Richard., Weinberger, Linda E., & Gross, Bruce H. (2004). Mentally ill persons in the criminal justice system: Some Perspectives. Psychiatric Quarterly 75(2): 107-126.
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...
When someone commits a crime, he or she may use mental illness as a defense. This is called an insanity plea or insanity defense. What the insanity defense does is try to give the alleged perpetrator a fair trial. At least in extreme cases, society agrees with this principle. The problem is where do we draw the line. Under what circumstances is a person considered insane, and when are they not? The trouble with the insanity defense in recent years is the assumption that virtually all criminals have some sort of mental problem. One important point is that the crime itself, no matter how appalling, does not demonstrate insanity. Today, the insanity defense has become a major issue within the legal system. If the defendant is clearly out of touch with reality, the police and district attorney ordinarily agree to bypass the trial and let the defendant enter a mental hospital.
... or by giving them written tests. Some psychiatrists call mental diseases a myth. The insanity defense would require both a mental disease and a relationship between the illness and the criminal behavior, neither of which could be scientifically proven. Of the criminals both acquitted and convicted using the insanity defense, a good number have shown conclusive evidence of recidivism. Many dangerous persons are allowed to return to the streets and many non-dangerous persons are forced into facilities due to an insanity plea adding further confusion and injustice within both the legal and medical systems. The insanity defense is impossible to maintain on the foundation of rules such as the M'Naghten Rule, and the relationship between law and psychiatry must be reinstated on a more scientific level, based on the neurological work now going on in the brain sciences.
Robbins, Pamela Clark, John Monahan and Eric Silver. 2003. “Mental Disorder, Violence, and Gender.” Law and Human Behavior 27(6):561-571.
Andel, R., Becker, M., Boaz, T., & Constantine, R. (2011). Gender Differences and Risk of Arrest Among Offenders with Serious Mental Illness. Journal Of Behavioral Health Services & Research, 38(1), 16-28. doi:10.1007/s11414-010-9217-8