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Should the insanity defense be eliminated
Is the insanity defense a legitimate defense
Is the insanity defense a legitimate defense
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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. On the other hand, if the defendant has no serious signs of mental illness, the defense attorneys will not attempt an insanity defense. This is because they know that juries are reluctant to accept it. Basically, the only way for a lawyer to prove his client’s insanity is to try to project what his client was thinking (or not thinking) at the time that the crime was committed. This is usually done by enlisting the testimonies of a psychologists or psychiatrists, who are known as “expert witnesses.” Both legal and mental health professionals have long struggled to establish a clear and acceptable definition of insanity. Insanity is a legal term, not a psychological or medical one. The Sarasons prefer to use the term “maladaptive behavior” instead of insane or insanity. Maladaptive behavior is, “behavior that deals inadequately with a situation, especially one that is stressful” (5). Adaptation is the way people balance what they do and want to do, and what the environment/community requires of them. Successful adaptation depends on a person’s stress (situations that impose demands on him or her), vulnerability (likelihood of a maladaptive response), and coping skills (techniques that help him or her deal with difficulties/stress) (5). Consider the recent school shootings as an example. Students who are teased and bullied are experiencing stress. Some students have low vulnerability and choose to talk about the situation with a parent or teacher, which is a good coping strategy.
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 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
Insanity is a medically diagnosed disease that shows that a person is incapable of acknowledging what is right from what is wrong. There are many contributing factors that may lead a person to become insane. Some of these factors include inherited traits, environmental exposures before birth, negative life experiences, and brain chemistry.Inherited traits can lead to insanity because genes that cause such disorders can be passed down amongst relatives and family members. Environmental exposures before birth refers to an unborn child being exposed to viruses, bacteria or even toxins inside the womb, that can be linked to one’s mental illness. Negative life experiences such as the loss of a loved one, experiencing financial problems and being involved in highly stressful situations can play a big role in triggering the mental illnesses or mental breakdowns. Changes in the efficiency of one’s neurotransmitters, whether sensory receptors obtain signals correctly and fluctuations in hormo...
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
The sickness of insanity stems from external forces and stimuli, ever-present in our world, weighing heavily on the psychological, neurological, and cognitive parts of our mind. It can drive one to madness through its relentless, biased, and poisoned view of the world, creating a dichotomy between what is real and imagined. It is a defense mechanism that allows one to suffer the harms of injustice, prejudice, and discrimination, all at the expense of one’s physical and mental faculties.
Sanity is subjective. Every individual is insane to another; however it is the people who possess the greatest self-restraint that prosper in acting “normal”. This is achieved by thrusting the title of insanity onto others who may be unlike oneself, although in reality, are simply non-conforming, as opposed to insane. In Susanna Kaysen’s Girl, Interrupted, this fine line between sanity and insanity is explored to great lengths. Through the unveiling of Susanna’s past, the reasoning behind her commitment to McLean Hospital for the mentally ill, and varying definitions of the diagnosis that Susanna received, it is evident that social non-conformity is often confused with 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
...eople that went to jail because of the confusion with the insanity defense and the law has become unfavorable towards the insanity defense. As the New York Times says,” Congress barred federal courts from finding defendants legally insane “merely” because they were too mentally ill to have avoided committing the crime.” This means that mentally unstable people are going to jail untreated. The insanity defense has come to questioning our morals. When someone is mentally unstable, do they deserve to be endure the sometimes harsh punishments of our law or should they be treated for their illness in a psychiatric hospital?
...ng experts to identify mental health symptoms such as delusions, hallucinations, and identifying if any instances of malingering are present. Evaluating a defendant is essential in understanding whether or not they are capable of following legal proceedings. If an individual is in fact found incompetent, attempts to restore competency are performed through treatments with medication or mental training about legal information that is vital for them to know in their case. It is imperative to acknowledge competency to stand trial cases in the legal system to not only ensure fairness in the courtroom, but offer mentally ill defendants an opportunity to have a lawful trial depending on their psychological state.
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.
Many times people with an untreated mental illness behave in an abnormal manner that is disturbing to the public, causing them to be perceived as frightening and dangerous which attracts the attention of police officers. Harrington agrees that, “Without the medication they need to keep their illness in check, they sometimes lapse into psychophysics and behave in bizarre ways.”(Harrington) A mentally unstable individual’s perspective of what is, and what is not acceptable varies from that of a healthy person. Therefore, they are unable to comprehend proper public behavior. From public urination to public nesciences, they are charged with misdemeanors and sentenced to jail. Shannon Fiack emphasizes that “There is a fundamen...
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...
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.