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Conclusion mental illness and crime
Mental illness as a factor influencing crime
Conclusion mental illness and crime
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The defendant in this case is Mr. Wertz, a 26-year-old Caucasian male. While visiting his relatives, Mr. Wertz woke up in the middle of the night and drove to a nearby ranch with his rifle. He opened fire at the ranch, and eleven shots were fired by the time the police came. The rancher’s wife was injured with a bullet wound to the leg. Mr. Wertz is charged with willfully discharging a firearm at an inhabited home in California. He pleads not guilty by reason of insanity. I believe that the defendant suffers from a diagnosable mental disorder. It is most likely that Mr. Wertz suffers from post-traumatic stress disorder (PTSD). This disorder is generally associated with (i) direct exposure to an actual or threatened death, serious injury, or …show more content…
Therefore, the M’Naghten test is the applicable legal standard to determine legal insanity (in this jurisdiction). The M’Naghten test asks the following three questions: Did the defendant suffer from a mental disorder at the time of the act? Did the defendant know the nature and quality of the act? Did the defendant know that the act was wrong? According to M’Naghten, insanity applies if the defendant did not know the nature and quality of the act, or did not know that the act was wrong, at the time of the act, due to a mental disorder. In regards to the first question, the defendant must suffer from a known psychological, mental disorder; this disorder must cause a defect in reasoning. If the defendant did not suffer from a mental disorder at the time of the act, then the defendant is not legally insane. Once it is known that there is a mental disorder, the second question to consider is whether or not the defendant knew the nature and quality of the act. The ‘nature’ of the act refers to the physical aspects of the offense, such as physically getting into the car and physically pressing onto the gas pedal to run someone over; the ‘quality’ refers to the potential harm (or outcome) that could occur from the offense, such as running someone over with a car would be to severely harm or even kill that person. The defendant must not know the nature and quality of …show more content…
Wertz meets the M’Naghten standard for legal insanity in California. Based on the facts of the case, Mr. Wertz suffers from PTSD, which is a trauma-related mental disorder. It is very likely that the PTSD impaired the defendant as to cause the defendant to confuse his nightmare with that of reality. Thus, causing the defendant to commit the offense. The police officer reported that Mr. Wertz “seemed out of it” when he was questioned at the scene of the shooting and asked why the police officer stopped him from doing his job. Mr. Wertz believed he was simply doing his job as an active-Army soldier. This is reminiscent of Mr. Wertz’s recurring nightmare, which involved a scenario in which an enemy combatant continuously opens fire at him from within a building. This nightmare was a scene taken from his traumatic experience(s) during his second deployment, where he repeatedly faced mortar attacks from the enemy. Mr. Wertz believed he was simply doing his job by shooting at what he believed to be an enemy combatant. He did not know he was opening fire at a harmless ranch nor did he know he was shooting at innocent victims who he had never met before. As such, this impairment relates to the legal standard for insanity. Mr. Wertz satisfies the M’Naghten standard for legal insanity. He suffered from PTSD, at the time of the act. He seemed to not know the physical aspects and the potential harm of his act. Because of the PTSD, Mr. Wertz he did not know
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
On the night of August 31st 1986, Angelique Lavallee a battered 21 year-old woman in an unstable common law relationship was charged with murder. She shot her spouse, Kevin Rust in the back of the head while he was leaving the bedroom. Angelique was in fear for her life after being taunted with the gun and was threaten to be killed. Hence, she felt that she had to kill him or be killed by him. The psychiatrist Dr. Shane, did an assessment and concluded that she was being terrorized by her partner. Dr. Shane concluded that Angelique was physically, sexually, emotionally and verbally abused. As a result, in the psychiatrist’s opinion, the killing was a final desperate act by a woman who seriously believed she would be killed that night. This in turn identify her as a
In the 1959 film Anatomy of a Murder Lieutenant Frederick Manion is accused and tried for the murder of Barney Quill; the accused rapist of Mrs. Manion, the wife of the defendant. Citing temporary insanity due to an “irresistible impulse” to seek justice for his wife’s rape, a jury finds Lt. Manion not guilty in the death of Barney Quill by reason of insanity Although the Hollywood interpretation of the insanity defense in Anatomy of a Murder results in a verdict favorable to the defense, this is not typically the case in real life criminal trials due to the specificity of circumstances that are required to support that defense. Specifically, if Lt. Manion’s trial were a real case and tried in the state of Maryland in the year 2014, his defense strategy
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
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
While in prison, fourteen men had experienced intimidation of being assaulted or killed by other prisoners and three were actually subjected to serious violence. Personality traits of aggression and intimidation were learned for self-protection. Victims claim that visitation with family is extremely tormenting. Since physical contact is typically not allowed, it became emotionally intolerable for the victim to the point that it was sometimes easier not to have visits. Grounds (2004) contends that twelve of the men met criteria for post-traumatic stress disorder (PTSD).
For those that don’t know, the insanity plea, as defined by Cornell Law, is based on the fact that a person accused of a crime can acknowledge that he/she committed the crime, but argue that he/she is not responsible for it because of his or her mental illness, by pleading “not guilty by reason of insanity”. This first became a problem in 1843. Daniel M’Naughten was trialed for shooting the secretary of the Prime Minister in attempt to assassinate the Prime Minister himself. It was said that M’Naughten thought the Prime Minister was the person behind all his personal and financial problems. The jury ruled him “not guilty by reason of insanity”. The reason for the verdict was M’Naughten...
The criminal justice system takes on a pivotal role in pursuing and preventing crimes in society. When a suspect is caught and then faced with charges for a violent crime, they legally have the right to a fair trial. In order for a criminal proceeding to successfully take place, the defendant must be fully aware of their surroundings, have a basic understanding of court procedures, as well as being capable of defending their one case. Competency to stand trial (CST) is essential for maintaining fairness in the courtroom and producing a just verdict. However, if a defendant is unable to understand legal proceedings due to mental illness or impairment, they must be thoroughly assessed and evaluated before declared incompetent to stand trial. Carrying out a case with a defendant who lacks mental capacity causes numerous issues because the individual is incapable of supplying their lawyers with information regarding their crime or any of the witness testimonies at trial. Lack of comprehensible communication between a defendant and attorney forces an ineffective defense in the case. Mental disturbances in the defendant that may cause disorderly conduct in the court room are considered disruptive and weaken the authority of the legal system. Supreme Court cases that have dealt with competency to stand trial issues over the years have made significant rulings, which have stressed the importance of identifying whether or not a defendant is in fact incompetent.
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.
quality of the act he was doing; or, if he did know it, that he did not
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.
There are two theories that justify punishment: retributivism according to which punishment ensures that justice is done, and utilitarianism which justifies punishment because it prevents further harm being done. The essence of defences is that those who do not freely choose to commit an offence should not be punished, especially in those cases where the defendant's actions are involuntary. All three of these defences concern mental abnormalities. Diminished responsibility is a partial statutory defence and a partial excuse. Insanity and automatism are excuses and defences of failure of proof. While automatism and diminished responsibility can only be raised by the defendant, insanity can be raised by the defence or the prosecution. It can be raised by the prosecution when the defendant pleads diminished responsibility or automatism. The defendant may also appeal against the insanity verdict. With insanity and diminished responsibility, the burden of proof is on the defendant. With automatism the burden of proof is on the prosecution and they must negate an automatism claim beyond reasonable doubt.
The definition of abnormal will be reviewed in relation to each defence. In order to identify how these three defences compare and contrast, it is first important to understand their definition and application. The appropriate defence will be used once the facts of the cases have been distinguished and they meet the legal tests. The legal test of insanity is set out in M’Naghten’s Case: “to establish a defence.of insanity it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong.” To be specific, the defect of reason arises when the defendant is incapable of exercising normal reasoning