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Essay on insanity defense
Insanity as a defence essay
The insane plea argument
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How Insane is the Insanity Plea In 1941, two brothers sat in court smashing their heads on the desks until they bled, barking like dogs, and crying sporadically. They weren’t insane, but that was exactly what the men wanted the jury to think. Anthony and William Esposito were being charged for robbing a payroll truck and shooting someone in the process. The jury was still skeptical until, ten months before the sentence, the Esposito brothers began to refuse any and all food they were offered. Almost a year later, the men were taken, in their almost dead state, to the electric chair and were executed. This is only one of the many examples of the insanity defense being abused. In this case, the criminals did not succeed in getting out of punishment, but there have been many successful cases that are being questioned too late. Although the insanity plea is important to those who have medical record of a psychological disorder, our “perfect” law needs to fine-tune the defense to prevent people from using it to escape going to jail or being executed. 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... ... middle of paper ... ...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? This argument has been made in courts everywhere and there is still no concrete answer. Doctors and lawyers argue if the insanity defense should be legally judged or medically judged. Lawyers argue that the insanity plea should be done away with
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
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
... 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.
United States, 1960). In another case, Alvin Bernard Ford was sentenced to death by a Florida court for committing first-degree murder. Ford suffered from mental deficiencies that began to worsen during his trial with the Florida courts.His case was brought to the Supreme Court in Ford v. Wainwright which ruled that the death penalty was a “cruel and unusual” punishment, violating due process for the criminally insane (1974). These cases demonstrate the legal issues that individuals with schizophrenia endure at the face of the courts. While these cases have worked to limit those with mental illnesses from entering our jail and prison system instead of receiving the health care that they need, there are still what was estimated to be 356,268 inmates in 2012 with severe mental illness in prisons and jails (Fuller et al.,
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...
The issue of executing mentally ill criminals has been widely debated among the public. They debate on whether it is right or wrong to execute a person who does not possess the capacity to think correctly. The mental illness is a disease that destroys a person’s memory, emotion, and prevent one or more function of the mind running properly. The disease affects the way a person thinks, feels, behaves and relates to others.When a person is severely mentally ill, his/ her ability to appreciate reality lack so they aspire to do stuff that is meaningless. The sickness is triggered by an amalgamation of genetic, and environmental factors not a personal imperfection. On the death penalty website, Scott Panetti who killed his mother in-law and father-in-law reports that since 1983, over 60 people with mental illness or retardation have been executed in the United States (Panetti). The American Civil Liberties Union says that it is unconstitutional to execute someone who suffered from an earnest mental illness (ACLU).Some people apply the term crazy or mad to describe a person who suffers from astringent psychological disorders because a mad person look different than a mundane human being. The time has come for us to accept the fact that executing mentally ill offenders is not beneficial to society for many reasons. Although some mentally ill criminals have violated the law, we need to sustain a federal law that mentally ill criminals should not be put to death.
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.
In his proposal “Severe Personality-Disordered Defendants and the Insanity Plea in the United States,” George Palermo, a forensic psychiatrist, presents his thesis for the insanity plea to be reversed back to its previous definition. People who had personality disorders that could cause them to become psychotic for even a brief moment used to be eligible to receive the verdict not guilty by reason of insanity, before the United States restricted it to only people affected by mental illnesses. A mental illness is a disorder such as schizophrenia or bipolar disorder, which can cause a person to be unable to determine whether an act is right or wrong. It d...
Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime. The definition of abnormal will be reviewed in relationship 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. The defect of reason requires instability in reasoning rather than a failure to exercise it at a time when exercise of reason is possible. In the case of R v Clarke, the defendant was clinically depressed and in a moment of absent-mindedness, stole items from a supermarket...