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Essay on insanity defense
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I will be doing this 1000 word research paper on the insanity defense, the insanity defence (Mental Disorder Defence) is a defence by excuse in a criminal court, arguing that the defendant is not responsible for his or her actions due to an episodic or persistent mental disease at the time of the criminal act.
Some examples of the insanity defense is like if “Jim” killed “Tommy” and Jim said he only did that because he was mentally insane and instead of going to jail, Jim could go to an insane asylum and have the possibility to get out of the asylum and be a free person after Jim killed Tommy.
The top 10 cases of the insanity defence is absolutely crazy and I will be naming them in this essay.
#10 Anthony and William Esposito where
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He also stole many paintings that were worth $9,500, he was found guilty after pleading not guilty to the insanity defence but he was changed 14 years in death row then was killed by lethal injection. #1 Ed Gein was a very insane man who would dig dead people out of their graves and have sex with the dead bodies and skin them and where the skin like a robe and also made a belt out of womens nipples and occasionally would collect random body parts from his victims. He also made lampshades out of human faces. Ed Gein admitted to the crimes and to killing 3 people and was sentenced 11 years in a hospital and then the case was reopened and he was sentenced to a lifetime in a mental hospital.
The insanity defence i think is a bad thing because personally i don't care if your insane or not there is not reason to kill, rape, abuse, and kidnap just for fun.
The insanity defense is very rare in many crime cases because 95% of the judges will say that the insanity of that person is not enough to say that they did that crime because they were insane. So that was my 1000 word essay on The Insanity Defence that I learned a lot about and it was very interesting to find out what it was and what people has
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
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.
Within the article Stephen King continuously states that we humans all have insanity within us. In the article,
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
Through the use of insanity as a metaphor, William Shakespeare, Edgar Allen Poe, William Blake, and Charlotte Perkins Gilman, introduced us to characters and stories that illustrate the path to insanity from the creation of a weakened psychological state that renders the victim susceptible to bouts of madness, the internalization of stimuli that has permeated the human psyche resulting in the chasm between rational and irrational thought, and the consequences of the effects of the psychological stress of external stimuli demonstrated through the actions of their characters.
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
Several illustrations that prove insanity does not always mean having a mental illness has been exposed. One example is cruelty. Joseph Stalin
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...
It’s amoral to take away a life of a person who is insane. People who are insane are not conscious of what they do because they do not possess the capability of thinking or behaving like a sensible person. They intend to do stuff that does not make sense or integrate up. Ac...
For many years the public has fought with the idea that a mentally ill person should not be held accountable for criminal crimes (Allnutt, S., Samuels, A., & O'Driscoll, C. 2007). In states Montana, Idaho, and Utah, does not consent for the defendant to plea an insanity defense. The defendants must be capable to stand trial, but they do have the right to present evidence of a mental disease as evidence that they did not have the required intent ("A Crime Of Insanity - Insanity On Trial | FRONTLINE | PBS", n.d.). The state of Georgia uses a reformed style of the M'Naghten Rule ("The Insanity Defense Among the States - FindLaw", n.d.). Daniel M’Naghten was an Eng...
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.
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.
A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability for a criminal offence. Insanity, automatism and diminished responsibility are examples of such defenses. They each share characteristics but can be distinguished in their scope and application. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime.