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Psychological theories for criminal behaviour
Should the insanity defense be eliminated
Psychological factors underlying criminal behavior
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Recommended: Psychological theories for criminal behaviour
Insanity is one of those words used today that gets thrown around a lot. Our society has become so numb to it because we were it on a regular basis. Albert Einstein describes insanity as “doing the same thing over and over again and expecting a different result.” Albert Einstein may have been a genius, but in this case he is wrong. There are people in this world who are mentally insane and they can’t help themselves. On rare occasions people like this become killers. In the legal system we have a defense an accused murderer can use to show they were not in their right mind when the act occurred. This is the insanity defense. This happens in 1% of criminal trials in the United States (US). A perfect example of a case that used the insanity defense was Andrea Yates v The State of Texas.
Andrea Yates’ life started out completely normal. She graduated number one in her high school class, became a registered nurse for the Anderson Cancer Center in Houston, and met the love of her life and got married. Her life sounds as normal as anyone’s does. Four months after she gave birth to her fourth child, something changed. She tried her first suicide attempt by swallowing 40-50 sleeping pills. She was hospitalized to a psychiatric facility and diagnosed with major depressive disorder. Her doctor’s attempt to medicate her was unsuccessful. She was discharged due to insurance restrictions and according to Charles Patrick Ewing, a forensic psychologist and attorney who wrote the book Insanity, Murder, Madness, and the Law “her family contracted to keep a close eye on the patient.” Several months following her hospitalization, her mental health declined. She lost 13 pounds, had no energy, slept all day, and had memory and conce...
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...n from themselves. This is not a luxury that prison does not offer. These people need to be punished for their crimes, but they also need to be helped.
Works Cited
Ewing, Charles Patrick. Insanity : Murder, Madness, And The Law / Charles Patrick Ewing. n.p.: New York : Oxford University Press, 2008., 2008. OCC Library Catalog. Web. 10 Feb. 2014.
Simon, Rita James. The Jury and the Defense of Insanity. Boston: Little Brown, 1967. Print. OCC Library Catalog. Web. 10 Feb. 2014.
Erickson, Patricia E., and Steven K. Erickson. Crime, Punishment, And Mental Illness : Law And The Behavioral Sciences In Conflict / Patricia E. Erickson, Steven K. Erickson. n.p.: New Brunswick, N.J. : Rutgers University Press, c2008., 2008. OCC Library Catalog. Web. 10 Feb. 2014.
Garner, Bryan A. Black's Legal Dictionary. 7th Ed. St. Paul, Minnesota : West Publishing , 2009. Print.
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
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
Throughout the history of law enforcement within the United States, theories has been explored and implemented as polices in addressing deviant behaviors produced by humans. Models such as Crime Control through the Conflict perceptive suggest the human nature is persuaded by social opportunities and considered a fundamental aspect of social life (Schmalleger, 2009, p. 347). However, social disorders must be addressed in a cordial and civil procedural fairness; thus, individual rights guaranteed by policies such as Due Process ensure that individuals under allegations are treated equally and just. Although crime and deviant behaviors exist within our communities, policies are intended to reduce such disorders by following cohesive criminal justice frameworks with the intentions of protecting individuals accused of crimes. Crime Contro...
Insanity (legal sense): A person can be declared insane if they are conscious while committing the crime, committing the criminal act voluntarily, and had no intent to inflict harm. A person declared insane lacks rational intent due to a deficit or disorder, which inhibits their rational thinking
Smolowe, JillWillwerth, James. "Waiting For The Verdicts." Time 142.26 (1993): 48. MAS Ultra - School Edition.
Markowitz, F. E. (2011). Mental illness, crime, and violence: Risk, context, and social control. Aggression and Violent Behavior, 36-44.
How is that even possible? The dictionary definition of the word insanity is the state of being seriously, mentally ill (“Definition of the Word Insanity”). Insanity is also classified as a medical diagnosis. Insanity came from the Latin word insanitatem (“History of the Word Insanity”). People started using this word in the 1580’s. The Latins interpreted insanity as unhealthy Modern day society uses the word insanity too loosely. Although the dictionary definition of insanity is not wrong, several cases that prove having “insanity” does not always mean “being seriously mentally ill” has came to surface.
Eysenck, H.J., & Gudjonsson, G.H. (1989). The causes and cures of criminality. Contemporary Psychology, 36, 575-577.
quality of the act he was doing; or, if he did know it, that he did not
In the United States, trials in which a defendant pleads not guilty by reason of insanity represent 1% of all the criminal cases, and the defense is lawfully verified in only 25% of these cases (Giannetakis, 2011). The not guilty by reason of insanity plea, or NGRI, is a legal defense a defendant might use to argue that he or she was not guilty of a crime because of insanity (Butcher, Hooley, & Mineka, 2014). The effort to define insanity in a legal sense begins in 1843 and carries on until 1984. Starting with “The M’Naghten Rule” or the “knowing right from wrong” rule because people are presumed to be stable ,but it can be exposed that at the time of the act they were committing, they were struggling under such a flaw of reason (from disease of the mind) that they did not know the nature and quality of the act they were committing or, if they did know they were committing the act, they did not know that what they were doing was wrong (Butcher, et. al, 2014). Secondly there was the Irresistible Impulse Rule in 1887, which suggests that the defendants might not be accountable for their acts, even when they knew that what they were doing was wrong ( according to the M’Naghten rule)- if they had lost the control to choose from right and wrong. That is, they could not dodge doing the act in question because they were compelled beyond their will to commit the act. Moving on to 1954, Judge David Bazelon of the U.S. Court of Appeals, was not confident in the prior precedents permissible for an adequate submission of established scientific knowledge of mental illness ,and recommended a test that would be based on this knowledge. Under this rule, which is often referred to as the “product test” (Durham Rule), the accused is not illegitim...
The insanity defense has been around for a very long time, the idea behind it is that a person who is incapable of telling right from wrong should not be held responsible for his or her actions at the time. Insanity is different from youth, and mental retardation in the fact that the person is capable on a regular basis of understanding right from wrong. The insanity defense is not something that can just be used at will, and instantly believed. Insanity must be proven beyond a reasonable doubt that at the time the crime was committed, the offender was incapable of discerning right from wrong.
...t: (http://www.psych.org/public_info/VIOLEN~1.HTM) Government Survey (1990) Violence and Psychiatric Disorders in the Community: Evidence from the Epidemiological Catchment Area Surveys. Hospital and Community Psychiatry (41:761770) Holy Bible (1998) Leviticus Chapter 19 verse 18, King James version (204:2049) Hudson, Thomas (1978) The Laws of Psychic Phenomena. Internet: (http://www.appi.org/pnews/sep20/jail.htm1) (pg.1 & 2) Illinois State Police (1999) Violence in the Workplace Characteristics. Internet: (http://www.state.il.us/ISPviowkplc/vwpp4.htm) Modestin, Jiri (1997) Is Depression A Risk Factor for Crime? Crime Times, Internet: (http://www.crime~times.org/97d/w97dp6.htm) (p.1) National Alliance for the Mentally Ill (NAMI) (1999) The Criminalization of People with Mental Illness. Summary of the NAMI Policy Platform (1:8) National Alliance for the Mentally Ill (NAMI) (1999) The Criminalization of People with Mental Illness. Summary of the NAMI Policy Platform (3:8) Taridiff, K. (1980) Assault, Suicide and Mental Illness. Archives of General Psychiatry (37:164169) Webster Dictionary (1988) Unabridged Yapko, Micheal D. (1997) The Art of Avoiding Depression. Psychology Today
Silver, Eric. 2006. “Understanding the Relationship between Mental Disorder and Violence: The Need for a Criminological Perspective.” Law and Human Behavior 30(6):685-706.
Glied, S., & Frank, R. G. (2014). Mental Illness and Violence: Lessons From the Evidence.
Insanity is a term that indicates the severity of mental illness of the criminally accused at the time in which their offense was committed in order to alleviate them of full responsibility for their crime. It is related to criminal responsibility because the law acknowledges that when a person is not in their right mind, or is severely mentally disordered, they are powerless in their ability to make the right choice, and lack willpower. Insanity is a defense by legal representatives who claim that their defendant was not sane at the time the crime was committed, and therefore unable to see that their actions were against the law. The term insanity is a legal construct, and is not used in psychiatry or psychology unless