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Abuse of the insanity defense
Essays on insanity defense
Abuse of the insanity defense
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The Jury will find the defendant not guilty of murder by reasoning of insanity. Only an insane person would kill someone they loved because of a creepy eye that was constantly on his mind. Also only an insane person would hear voices and talk to them and himself. The narrator is insane and is not guilty of murder. Will you return the right
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
Seymour Wishman was a former defense lawyer and prosecutor, and the author of "Anatomy of a Jury," the novel "Nothing Personal" and a memoir "Confessions of a Criminal Lawyer." "Anatomy of a Jury" is Seymour Wishman's third book about the criminal justice system and those who participate in it. He is a known writer and very highly respected "person of the law." Many believe that the purpose of this book is to put you in the shoes of not only the defendant but into the shoes of the prosecutor, the judge, the defense lawyer and above all the jury. He did not want to prove a point to anyone or set out a specific message. He simply wanted to show and explain to his readers how the jury system really works. Instead of writing a book solely on the facts on how a jury system works, Wishman decides to include a story so it is easier and more interesting for his readers to follow along with.
narrator can be seen as both mentally insane and a calculated killer. I believe that the narrator is
Many criminals find many ways to get out of jail or being sentenced to death, what goes through their minds? Pleading insanity means to not be guilty of a crime committed due to reason of mental illness. In many cases criminals get away with pleading insanity, but in the end does it always work out? Bruco Eastwood pleaded insanity and therefore his background, crime, and where he is now will be crucial to Brucos’ insanity plea.
What is sit to be insane? The legal definition of insanity at Law.com states, “Mental disorder… a person who cannot distinguish fantasy from reality…” In the tell-tale heart, a story written by Edgar Allen Poe, The Narrator (the main character) plots to kill The Old Man. His reason being: he believes the old mans “vulture” eye had cursed him. The Narrator is constantly defending his sanity but evidence can prove otherwise.
Guilty or not guilty? This the key question during the murder trial of a young man accused of fatally stabbing his father. The play 12 Angry Men, by Reginald Rose, introduces to the audience twelve members of a jury made up of contrasting men from various backgrounds. One of the most critical elements of the play is how the personalities and experiences of these men influence their initial majority vote of guilty. Three of the most influential members include juror #3, juror #10, and juror #11. Their past experiences and personal bias determine their thoughts and opinions on the case. Therefore, how a person feels inside is reflected in his/her thoughts, opinions, and behavior.
My studies show that the patient’s actions during my interview with him were unusual, he was oddly calm about explaining in detail what he had done to the old man. I asked the defendant why he would do such a thing as killing the old man. He tells me the old man never did him wrong, “I knew what the old man felt and pitied him” (Poe 204)., it was the eye that tortured my patient. “a pale blue eye...my blood ran cold...thus
... others that as soon as they claim they hear voices or are claim they killed someone because they did not like the way a person’s eye looked that they can get off on a lighter sentence. The defendant has planned all of this out, and if it works out the way he has planned it, there will be a murderer released from a mental institution after a short period of time instead of being locked up for the rest of his life with the other criminals like he deserves. If this person were insane, he would have not have mentioned anything about the old man’s fortune if it were so unimportant that he would have never mentioned it at all. The States believes that the defense has failed to prove it burden of 51% and this man must be convicted and sent to a prison before he murders someone else and uses “insanity” as an excuse again.
First, Poe suggests the narrator is insane by his assertions of sanity. For example, the narrator declares because he planned the murder so expertly he could not be insane. He says, "Now this is the point. You fancy me mad. Madmen know nothing. But you should have seen how wisely I proceeded-with what caution-with what foresight-with what dissimulation I went to work!" In addition, every night at midnight the narrator slowly went into the room of the old man. He claims this was done so wisely that he could not be insane. The narrator thinks that if a murder is carefully planned then the murderer is not insane. Also, the narrator claims he suffers from over acuteness of the senses. Regarding the sound of the old man's beating heart, the narrator says, "And now have I not told you that what you mistake for madness is but over-acuteness of the senses? --now, I say, there came to my ears a low dull, quick sound, such as a watch makes when enveloped in cotton". The narrator claims he is not imagining the sound but he is hearing it because his senses are so sharp. The narrator believes he is justified in killing the old man because the man has an Evil Eye. The narrator claims the old man's eye made his blood run cold and the eye looked as if it belonged to a vulture. Poe shows the narrator is insane...
For example, the old man that lived beneath the boy and his father testified that he heard a fight between the boy and the father and heard the boy yell, “I’m gonna kill you,” along with a body hitting the ground, and then claims that he saw the boy running down the stairs. With this information, along with other powerful eyewitness testimonies, all but one of the jury members believed this boy was guilty. The power of eyewitness testimony is also shown in Loftus’s (1974) study. In this study, Loftus (1974) found that those who claimed to “see” something were usually believed even when their testimony is pointless. She discovered in her study that only 18 percent of people convicted if there was no eyewitness testimony, 72 percent of people convicted when someone declared, “That’s the one!”, and even when the witness only had 20/400 vision and was not wearing glasses and claimed “That’s the one!”, 68 percent of people still convicted the person. This proves that in 12 Angry Men and Loftus (1974) study, eyewitness testimony is very powerful and influential in one’s decision to convict a
quality of the act he was doing; or, if he did know it, that he did not
Former U.S president Ronald Reagan was shot by a man named John Hinckley in the year 1981. The president along with many of his entourage survived the shooting despite the heavy infliction of internal and external injuries. The Hinckley case is a classic example of the 'not guilty by reason of insanity' case (NGRI). The criminal justice system under which all men and women are tried holds a concept called mens rea, a Latin phrase that means "state of mind". According to this concept, Hinckley committed his crime oblivious of the wrongfulness of his action. A mentally challenged person, including one with mental retardation, who cannot distinguish between right and wrong is protected and exempted by the court of law from being unfairly punished for his/her crime. (1)
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.
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.
Let’s take a look at Exhibit A that proves that the narrator is not insane rather acting that way to get away from getting punished. “The Tell Tale Hea...