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American history
American history apushhistory
American history apushhistory
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The America we know and live in has a group of people above us who seek justice and what is best for the citizens. This is our government, since its founding, they has promised to protect us and to have its best interests at heart. Somethings in our system are debatable while other should remain just the way they are. Insanity defense is one topic that is often argued much about because of its moral concern. Should a person committing a crime go straight to jail or receive treatment if they have a mental disease? Going back to the founding of America and its government, our government was founded under fair law. It was made with the best intentions for its people and it was made to maintain justice. In general, the United States of America …show more content…
Is he guilty or not guilty? Does he deserve to be in a prison where many people who knew there wrongful acts are? Or does he deserve to be in a mental hospital receiving treatments to better his condition. Note that people who commit a crime and are found not guilty and criminally insane will not go into society and be free, they will be in a supervised hospital and be given treatment. Those who are against the “insanity defense” think that if the accused committed the crime he should pay for it not mattering his situation. However, how I stated above, what if a traumatized veteran accidentally fires upon a citizen thinking he is at war. Is it right to imprison him because of his …show more content…
"Criticisms of the Insanity Defense." Preface. Psychological Profiles and Institution Effects Pertaining to Inmates Incarcerated Under the Insanity Defense. By Caryl.1983. 18-20. PDF file.
Fersch, Ellsworth L. "What is the insanity defense? ." Preface. Thinking about the Insanity Defense. By Fersch. N.p.: n.p., 2005. 2-5. Print.
Bonnie, Richard J. “The Moral Basis of the Insanity Defense.” Preface. ABA Journal. By Bonnie. 1983. 194-196. Journal
"Insanity Defense-History." Editorial. www.law.jrank.org. N.p., n.d. Web. 10 Apr. 2011. <http://law.jrank.org/pages/7664/Insanity-Defense-History.html>.
"The Long-Island Railroad Murder - 'Black Rage' or 'So Crazy He Thinks He's Sane?'" www.law.cornell.edu. N.p., 28 Mar. 2002. Web. 11 Apr. 2011 <http://
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
In the book Crazy in America by Mary Beth Pfeiffer, she illustrated examples of what people with mental illness endure every day in their encounters with the criminal justice system. Shayne Eggen, Peter Nadir, Alan Houseman and Joseph Maldonado are amongst those thousands or more people who are view as suspected when in reality they are psychotic who should be receiving medical assistance instead, of been thrown into prison. Their stories also show how our society has failed to provide some of its most vulnerable citizens and has allowed them to be treated as a criminals. All of these people shared a common similarity which is their experience they went through due to their illness.
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.
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
Mental illness affects one in four adults every year ("NAMI: National Alliance on Mental Illness | Mental Illnesses"). Mental illness effects thousands who may not even be aware of it. Many who are aware do not receive treatment until something bad happens in result of not receiving treatment. These illnesses affect all aspects of the person’s life. They often do things without the knowledge of what they are doing. Many people who do have these illness commit crimes without the knowledge of the fact that they are doing wrong. People often do not believe that having a mental illness gives people the right to commit a crime, and it doesn’t. It merely suggests that the person who committed said crime was not aware of their actions therefore cannot be held accountable for the wrongdoing. Families of the victims usually are oblivious to what mental illness is and own they do end up educating themselves wondering why these people never got help so their loved one may have been spared. Mentally ill persons should be exempt from the death penalty because they are in a questionable state of mind, they will become low risk if they receive treatment, and the families of the victims do not want them to receive the death penalty.
The United States has the highest incarceration rate in the world and of that over sixty percent of jail inmates reported having a mental health issue and 316,000 of them are severely mentally ill (Raphael & Stoll, 2013). Correctional facilities in the United States have become the primary mental health institutions today (Adams & Ferrandino, 2008). This imprisonment of the mentally ill in the United States has increased the incarceration rate and has left those individuals medically untreated and emotionally unstable while in jail and after being released. Better housing facilities, medical treatment and psychiatric counseling can be helpful in alleviating their illness as well as upon their release. This paper will explore the increasing incarceration rate of the mentally ill in the jails and prisons of the United States, the lack of medical services available to the mentally ill, the roles of the police, the correctional officers and the community and the revolving door phenomenon (Soderstrom, 2007). It will also review some of the existing and present policies that have been ineffective and present new policies that can be effective with the proper resources and training. The main objective of this paper is to illustrate that the criminalization of the mentally ill has become a public health problem and that our policy should focus more on rehabilitation rather than punishment.
Wouldn’t it be completely irrational to sentence every mentally ill individual to jail purely because they suffered from a mental illness? Often, mentally ill people behave in an eccentric manner and allure the attention of police officers who do not differentiate the mentally ill from mentally stable people and immediately charge them with misdemeanors. There are approximately 300,000 inmates, with the number increasing every year, which suffer from a mental illness and do not receive proper treatment. Jails are not adequately equipped to care for mentally ill inmates, which can lead to an escalation of an inmate’s illness. Society has failed to provide enough social resources for citizens suffering from psychiatric illnesses in its community, transferring mentally unstable individuals between mental institutions and jails, when in fact adequate aid such as providing proper medication, rehabilitation opportunities, and more psychiatric hospitals in communities is a necessity to reconstitute these individuals.
quality of the act he was doing; or, if he did know it, that he did not
Prior to taking this course, I generally believed that people were rightly in prison due to their actions. Now, I have become aware of the discrepancies and flaws within the Criminal Justice system. One of the biggest discrepancies aside from the imprisonment rate between black and white men, is mental illness. Something I wished we covered more in class. The conversation about mental illness is one that we are just recently beginning to have. For quite a while, mental illness was not something people talked about publicly. This conversation has a shorter history in American prisons. Throughout the semester I have read articles regarding the Criminal Justice system and mental illness in the United States. Below I will attempt to describe how the Criminal Justice system fails when they are encountered by people with mental illnesses.
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.
Several states authorize police officers to arrest mentally ill people who have not broken any law. It is argued that this process is a way to promote public order. Hospitals also transfer mentally ill patients to jail in order to deal with the overflow. It is not uncommon for children to be confined to criminal detention centers because there is a lack of facilities for severely mentally ill children. Relying on the criminal justice systems to be surrogate mental health systems conflicts with the basic notions of justice. (Aufderheide,
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.
If we asked most people about insanity the image of a person in a straight jacket, bouncing off padded walls would jump to mind. They might not admit it for fear of being politically incorrect, but the image is a general association with insanity. Yet, most people who suffer from insanity live every day to the fullest—in society. We lock away only those who we “believe” are clinically insane, and we lock sentence most of them without a chance at trial.
...hear about mash gunmen having shown signs of mental disorders and instead of helping them we send them to jails where they are treated as monsters. We choose not to help before things happen but we also seem to not care about a person when they done something without full control of their senses.We have put a negative connotation on mental disorders, which people have no control over, and made it unsafe for a person to seek help before something extreme happens.