conclusion for insanity defense essay

Louise I.Gerdes. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. P. 232. During the trial, his defense attorney claimed he was insane at the time of the shooting. New York: Harper & Row, 1985. By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. As a result, the public was not happy with this outcome, and neither was the Queen of England. Due to this, there are problems in exactly how to apply a medical theory to a legal matter (Gerber 8). The purpose of this essay is to explain why the insanity plea, or the insanity defense as it is also known, is not a legitimate defense for any type of crime. Boston, MA, USA: Cengage, 2019. Imagine for a moment, someone has just inexplicably murdered a mother or child. 1) It is used in court to state that the defendant was not aware of what he/she was doing at the time of the crime, due to mental illnesses. When the defendant arrived at the prison, they would be notified of their GBMI status, and staff would know that this was a person who needed treatment and that this status should be taken into consideration during parole hearings[44]. Research on not guilty by reason of insanity fails to support most of these claims but some serious problems may exist with this. Crime and Madness: the Origins and Evolution of the Insanity Defense. Under Robey’s proposal came the “Guilty but Mentally Ill (GBMI)” verdict[43]. One trial was to decide guilt or innocence, and if the defendant was acquitted there, the defendant was free. M'Naghten was suffering from paranoid delusions and believed that Peel was part of a conspiracy against him. The article I found is most related to Chapter 4, “Diversion and Probation”, because it looks at how probation is a great way to help juvenile offenders get back on their feet. ; Explain which party bears the burden of proof in your state (ALABAMA) once the defendant introduces some evidence of insanity. Therefore, mental illness and insanity are not synonymous: only some mental illness constitutes insanity. Criticisms of the M’Naghten Rule has come from both legal and medical professions.Many criticize that the test is unsound in its view of human psychology. The insanity defense should be wiped out nationwide unless certain tests of mental insanity are met and a patient has a history of a mental illness. Most defendants that are found guilty by reason of insanity are released from the mental hospital years if not decades earlier than they would have been if they served their regular prison sentence. This allows the mentally ill defendant to be found liable of his or her crime, but requires them to seek psychiatric treatment or be placed in a mental hospital. According to a professor of law at Santa Clara University, Professor Alexander, the plea is only used one percent of the time, and works less than half the time it is used (Steibel). Boston, MA, USA: Cengage, 2019. In 2011, 18 states adopted the Brawner rule. The president along with many of his entourage survived the shooting despite the heavy infliction of internal and external injuries. P. 65, [33] Maeder, Thomas. P. 232, [63] Greene, Edie, Kirk Heilbrun, and Lawrence S. Wrightsman. P. 65, [35] Maeder, Thomas. P.27-29. In all, I believe that these problems, as well as others which will be mentioned later, lead us to the conclusion that the insanity defense is useless and should be abolished entirely.We have seen some cases in the past, such as Lorena Bobbett pleading insanity. For an act to be criminal, not only must it break the law, but a guilty mind must accompany it. “Supreme Court: Arizona Insanity Defense Law Upheld.” Facts On File World News Digest 29 June 2006. The insanity defense should not be a valid excuse to free criminals. In cases such as these it is very possible to still be…, General Difference Between Successful and Unsuccessful Mental Disorder Defense

your own paper. Americans believe that a large number of dangerous criminal defendants use the insanity defense after they are found NGRI; they are released back into society after a short period of time. "Identifying insanity with a lack of mens rea suggested that the sane and the insane criminal merely lay at different points on a continuous spectrum of legal responsibility -- an implication quite far removed from the traditional view[38]", In Michigan, during the year 1970, James Chester McQuillan was charged with attempted rape. New York: Harper & Row, 1985. People with anti-social behaviors are defined by “A persuasive pattern of disregard for, and violation, of the rights of others that begins in early childhood or early adolescence and continues into adulthood. (346). The Brawner test differs from the M’Naghten rule in three substantial ways: “By using the term appreciate, it incorporates the emotional as well as the cognitive determinates of criminal actions, does not require that offenders exhibit a total lack of appreciation for the nature of their conduct, but only a lack of "substantial capacity" Includes both a cognition element and a volitional element, making defendants inability to control their actions a sufficient criterion but itself for insanity[59].”. In case you can’t find a sample example, our professional writers are ready to help you with writing The Insanity Defense Former U.S president Ronald Reagan was shot by a man named John Hinckley in the year 1981. The experiences of the offenders in the programs are anticipated to change them in a positive way so that their future criminal activities will be reduced. The Hinckley case is a classic example of the 'not guilty by reason of insanity' case (NGRI). White had been involved with his wife, and Thaw hated him. [13]" The defense countered the prosecution's argument with a quotation from Roscoe's Criminal Evidence that pointed out that the "issue could be much more subtle than a simple question of awareness of right and wrong[14].” The judge and the jurors all agreed he was insane, so he was committed to Broadmoor Asylum for the Insane where he spent the rest of his life. Specifically, Mens rea is “the mental state of knowing the nature and quality of a forbidden act”[9], or a guilty mind. However, if it is a revenge killing he is still liable and can be punished, “when faced with partial insanity, the court must adjourn from the real world, reconvene within the lunatic's delusion, and decree that the law of England extends to this crazy realm[16].”. But insanity is a legal, not a medical, definition. Due to some of these shows, one may not fully comprehend what is insanity. Crime and Madness: the Origins and Evolution of the Insanity Defense. Boston: Little, Brown, 1967.

While many people have used the insanity defense, it loses more times than it wins. Insanity Defense. McQuillan was released after he was able to get a doctor to examine him because while he did show “personality problems” there was not sufficient mental illness for him to continue his stay at the hospital[39]. In this paper I will discuss what insanity, a brief history of insanity and how it impacts today’s society, furthermore, I will also discuss my personal thoughts on the subject.

Unfortunately, murder and violent crime has and will continue to happen as long as there are human beings living in close proximity, it is and ugly and regrettable reality of human society. We use cookies to give you the best experience possible. As a result of Daniel M’Naghten’s trial, the M’Naghten rule was created. Insanity is a legal, not a medical definition. The next attempt to abolish the insanity defense was in the United States after the acquittal of Harry K. Thaw. By applying a loose theory such as mental illness to law we are in essence throwing the proverbial “monkey wrench” into the wheels of justice. The vast majority of violent criminals are repeat offenders, and that affects every taxpayer in the United States, because it costs tens of thousands of dollars just to run a criminal through the justice system, not to mention the cost of providing care for them afterward. People fear violent crimes and will be more apt to prosecute a criminal versus allowing the criminal another chance. There have been many different types of test over the years to determine if the defendant is actually insane.

According to Kimberly Collins, “An insanity defense is based on the theory that most people can choose, someone commits a crime, he or she may use mental illness as a defense. Essay The insanity defense refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of mental disease. Essay, 4 pages. Incomprehensibly, the very people who most deserve to be locked up for life are the ones who most often get off by claiming temporary insanity. Insanity Defense is a waste of time and energy because anyone can fake and plea for the sake of insanity, thus,lkeading to an insane world for doing such a … The insanity defense does not eliminate the responsibility of a criminal act from the person committing the crime; instead, it is a defense mechanism for criminals who argue that at the time of the crime the defendant did not have willful intent due to a severe mental defect or disease. *You can also browse our support articles here >. Wrightsmans Psychology and the Legal System. Harry Thaw was a millionaire who, in 1906, shot Stanford White during a concert in New York City. New York: Harper & Row, 1985. P. 227, [62] Greene, Edie, Kirk Heilbrun, and Lawrence S. Wrightsman.

Description: This essay is an argument whether or not handguns should be banned. The insanity defense is an excuse for criminals to break the law and have no bearing on punishments.

Conclusion. Insanity differs from being competent to stand trial because you can be insane but still be able to understand the proceedings that are occurring. In order to do this lawyers apply one of several rules used by psychologists.

our expert writers, Hi, my name is Jenn The M’Naghten Rule, also known as the right-wrong test, arose in 1843 during the trial of Daniel M’Naghten who argued that he was not criminally responsible for his actions because he suffered from delusions at the time of the killing. That thought process is exactly what separates you from a killer. We use cookies to give you the best experience possible. The insanity defense does not eliminate the responsibility of a criminal act from the person committing the crime; instead, it is a defense mechanism for criminals who argue that at the time of the crime the defendant did not have willful intent due to a severe mental defect or disease. This started a domino effect of reformations in the insanity defense. By clicking Send Me The Sample you agree on the, What makes someone mad? The president along with many of his entourage survived the shooting despite the heavy infliction of internal and external injuries.

When someone claims insanity, they are not held responsible for their criminal actions. The commissioners were not pleased about the amount of background information defendants were allowed to introduce to the court, which is not permitted in ordinary proceedings[32]. Unlike the M’Naghten Rule, the criminal may be able to distinguish between right and wrong, but may be unable to exercise self-control because of a disabling mental condition. The M'Naghten rule, the Brawner rule, and the mens rea test are all attempts to make the insanity defense more precise. [1] Greene, Edie, Kirk Heilbrun, and Lawrence S. Wrightsman. In 1981, after the attempted assassination of Ronald Reagan by John Hinckley, the insanity defense received a lot of harsh publish criticism. There was not enough common ground between the legal and the scientific to conclude. When using this defense the defense attorney will argue that there may be a chemical imbalance in his brain therefore he had no idea what he was doing at, Introduction Torry, Blau Registered Data Controller No: Z1821391. Detroit: Greenhaven Press, 2012. Insanity, however, includes not only mental illness but also mental deficiencies.

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