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Essay on insanity defense
Insanity defense paper
Forms of insanity defense
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The court found that in order for a defendant to be found NGRI, the defendant must “lack substantial capacity to appreciate that his conduct is wrongful or lack substantial capacity to conform his conduct to the law” (Helfgott, 2013). Ewing (2008) states “the ALI standard, which has become the major rival of M’Naghten, drew upon M’Naghten and the “irresistible impulse” standard” (p. 20). Ewing (2008) also states “the ALI definition of insanity also includes the caveat that the terms ‘mental disease or defect’ do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct” (p. 20). Furthermore Ewing (2008) states “under the ALI formulation, a defendant may be found not guilty by reason of insanity if lacking either cognitive or volitional capacity” The Model Penal Code was a compromise between the strict M’Naghten rule and the generous Durham rule (Phelps & Lehman, 2005). Hinckley is another well-known case that had a substantial impact on the insanity defense. Hinckley claimed to be acting out a scene from the movie Taxi Driver. He had watched the movie numerous times and essentially lost touch with reality which led him to shoot President Ronald Reagan. The verdict in the Hinckley case was NGRI, which was extremely controversial. Because of the verdict of the Hinckley case, the Insanity Defense Reform Act was passed. Helfgott (2013) stated that “congress and several states passed laws designed to toughen standards in insanity
Ellis’ case centres on some interesting words which were said by Ruth after committing her crime “When I put the gun in my bag I intended to find David and shoot him”. She was put to death for this because at the time the law dictated the premeditated murder as a capital offense and no leniency was allowed. Ellis was a victim of domestic abuse which led to the tragic miscarriage of her unborn child; this is what leads Ellis to retaliate and to shoot her lover. Derek Bentley Case Study: Secondly, I am going to present some background information on Derek Bentley’s case.
Code Ann., Crim. sec. 2-201 (a) (1) 2014. Lt. Manion’s actions fall into this description based on the series of events that led up to the murder of Mr. Quill. Lt. Manion willfully admits that he shot Mr. Quill, but defends that he was warranted in doing so because he suffered from an “irresistible impulse.” From Lt. Manion’s testimony, he clearly understands the criminality of his actions, however; he argues that his actions were out of his control because they resulted from him seeing the trauma his wife suffered. In his testimony, he describes to the court how he purposefully went into his trailer to obtain the gun that was used to kill Mr. Quill before traveling to the tavern to confront the victim, which shows premeditation and intent to commit murder. The defense would have a difficult time convincing the jury that Lt. Manion was incapable of controlling his actions since his actions were thought out and deliberate, which was displayed in his testimony when asked by his defense attorney why he brought the gun, he said “I knew I had to go to Quill’s bar and I thought I might need it” (Anatomy of a Murder
Slobogin, Christopher. "The Integrationist Alternative to the Insanity Defense: Reflections on the Exculpatory Scope of Mental Illness in the Wake of the Andrea Yates Trial." American Journal of Criminal Law (2003): Vol. 30 Issue 3, p315-341.
Mark David Chapman's close identification with the character Holden created a deluded reality where non-conformity was portrayed as heroism and his anger was the fault of society; Therefore, for these reasons, Chapman was motivated to kill John Lennon in cold blood.
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
In other words, photography can be used to present objectivity, to facilitate treatment and for future re-admissions of the insane. With his presentation Diamond’s application of photography to the insane in asylums became widespread. Just a few years later in 1858 British psychiatrist John Conolly published, “The Physiognomy of Insanity,” in The Medical Times and Gazette. In this series of essays Conolly reproduces photos taken by Diamond and provides a detail of each photo selected. I have included four of the plates Conolly used in his essay below.
On an evening in February 1985, 15 year old Roderick Martineau and his friend Patrick Tremblay planned out to break and enter into another citizen’s home and rob them. For safety, the boys armed themselves with weapons, however they never planned on actually using them. Martineau carried a pellet gun and Tremblay carried a riffle. During the break in, Tremblay murdered both residents of the house (Mr. and Mrs. McLean). When Martineau asked why he did that Tremblay replied “I did not have my mask on and they saw my face”. Martineau was charged with second degree murder under section 213 of the code; however the question is whether or not he was arrested with the correct charge.
In this case, Brown decided that the benefit of having his own room was worth the risk of committing murder. The choice to cover the murder weapon with a blanket indicates that rationale was used in planning the attack. This is important to note because Brown considered that concealing the weapon under a blanket would enable him to commit his crime undetected. Furthermore, Brown’s attempt to throw the shotgun shell into the grass on the way to the school bus demonstrates his understanding of what he was doing and his intent to hide the evidence. Due to this, it can be established that Brown weighed his options and knew that what he was doing was something that should be hidden and was less than forthright. As the theory claims that adolescent offenders are self-centered, Brown’s case reflects this through his inability to consider the needs or feelings of the others in his family (Siegel & Welsh,
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.
Former U.S president Ronald Reagan was shot by a man named John Hinckley in the year 1981. The president along with many of his entourage survived the shooting despite the heavy infliction of internal and external injuries. The Hinckley case is a classic example of the 'not guilty by reason of insanity' case (NGRI). The criminal justice system under which all men and women are tried holds a concept called mens rea, a Latin phrase that means "state of mind". According to this concept, Hinckley committed his crime oblivious of the wrongfulness of his action. A mentally challenged person, including one with mental retardation, who cannot distinguish between right and wrong is protected and exempted by the court of law from being unfairly punished for his/her crime. (1)
First off, you did an amazing job of incorporating the infamous death penalty and the controversy behind it. When Perry and Dick are on trial for the murder of the Clutter family, Perry must write an autobiography for the psychologists that is called in. Him writing about the traumatic parts of his life, including how he was sent to an orphanage although having two alive parents, hints that Perry just might have some type of mental diagnosis. The Kansas' M'Naghten Rule basically is where the court determines if the criminal could not tell right from wrong due to being mentally insane. When the court called for the psychologists to determine if he could not tell right from wrong, he says he does not know, and the court assumes that he is not mentally insane. What is really interesting is how you included what the psychologist would have said, which is that Perry might be a paranoid schizophrenic. The psychologists says that “when [Perry] attacked Mr. Clutter he was under a mental eclipse, deep inside a schizophrenic darkness”(Capote 302).This cleverly shows what is wrong with the M’Naghten Rule and why it is not fair. Also, it leaves readers in controversy as to whether or not Perry was actually mentally insane throughout the book because the psychologists was very unsure. This is another reason why the book should not have been banned. In Cold Blood gave readers a chance to formulate an opinion on a situation like this one and keeps the students thinking. Although “opponents say teens are already overexposed to violence via video games, television and movie”(O’Neil), free thinking in this book overcomes the whole obstacle of
... 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.
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...