Insanity defense essay

Insanity defense essay

Insanity Defense Essay,Insanity And The Insanity Defense

WebThe Insanity Defense – A Persuasive Essay. David ColtonEnglish Department, Southern New Hampshire UniversityENG – English Composition IIMelissa RohenApril 17, WebEssay On Insanity Defense Insanity as a Defense Views. Each year the number of murders increases. Do you ever wonder if these murders would stop The Insanity WebInsanity Defense Essay. Killers are born among sheep, because no one will ever suspect them from arising. The definition of insanity is, A defense for criminal liability that WebThe insanity defense is a defense that is used in the courts to say the defendant was not aware of what they were doing at the time of the crime. The terms of such a defense are WebThe following are criteria for establishing an insanity defense: 1) The defendant had mental illness at the time of the crime. 2) Because this mental illness, he lacked substantial ... read more

It excludes temporary conditions of alcohol, drugs, hysteria or concussion. People use this as an excuse to criminal liability because mental illness is covered under section 16 of the Criminal Code. The insanity defense prevents a mentally-incapacitated person from being criminally punished. In order to plea insanity, the courts provide a variety of legal test to help determine the mental state of the offender. Most offenders that are found not guilty because of insanity are sent to a mental health institution. They are required to be there for a long period of time, most spend longer in the institution than they would have spent in prison if they had been found…. A defendant charged with a crime may present the court with an insanity plea.

Upon application of the insanity plea, the defendant must be psychologically evaluated. It is extremely rare that an individual using the insanity plea defence gets acquitted. Insanity used as a legal term is an individual who is diagnosed with a mental illness, unable to know right from wrong, and is unable to function accordingly. In the article the author talks about the insanity defense and how the public dislikes it. The general public believes that it is a cop out and allows people to get away with murder. Woychuk, being a lawyer, also talks about the battle of expert witnesses, the Mnaghten rule, and other issues related to the insanity plea. He also deals with the ineffectiveness of the American prison system in terms of deterrence and rehabilitation.

The ability of the mental hospitals to retain a person until they are fit to leave is also discussed. He suggests this would be a better way of doing things in prisons to stop them from being revolving doors. This is where he then goes off on child rapists. He thinks they should be given an indeterminate sentence so they will not go out and commit the same crime again. Not allowing the criminals to commit these horrible acts would stop the cycle of kids being abused and then becoming dysfunctional as adults. Overall Mr. Woychuk believes that if the issue of personal responsibility is not dealt with properly we will continue to have violence and excuses for it. Since the beginning of Anglo-American law, the proposition that some criminal defendants should not be found guilty of their crimes by reason of mental instability has been a well established judicial action throughout centuries of jurisdiction.

Even though the original intent of this practice was to soften the harsh consequences of capital punishments, the psychiatric state of persons convicted of crimes quickly became an important mechanism of social regulation. The justification for this mechanism lies in the assumption that the criminally insane are irrational and therefore non-responsible of their crimes. As we examine the history and implications of the insanity plea, a few questions should be kept in mind How can we be sure that a person is indeed insane he could be putting on a show and 2.

Should a mentally ill person be punished at all. It is within my opinion, that the insanity defense is used over excessively and is taking part in almost every defense to any crime. Offenders seem to have the knowledge to the use of this defense and will often provide a plea to guilty by insanity or temporary insanity, within the faith, to receive a reduced sentence. While insanity has to be a proven fact and a psychologist has to conduct a variety of tests to confirm the offender is suffering from a mental incompetence or insanity, most offenders have the ability to mislead or deceive psychologists to receive the evaluation they seek. Such action, if discovered, would actually prove the sanity of such offenders, but in most cases, it cannot be ascertained. The success of such defense is, within my view, very effective.

As Ray Bradbury once said, "Insanity is relative. It depends on who has who locked in what cage. By elucidating the oppressive role of the mental institution and portraying its patients as more eccentric than insane, Kesey sparks a re-evaluation of what it means to be insane. Throughout the novel, the reader is made to question society's definition and the responsibility of the institution for the mental state of its occupants. There are fifty one types of insanity defense because each state including the District of Colombia has its own statute that sets the standard for determining if a defendant is legally insane.

In general though the standards fall into two categories. The most significant difference among the different states is who has the burden of proving the presence or absence of legal insanity and which rule is used in determining if the rule is applicable Journal of Psychiatric Practice, May , p. About half of the states use the M 'Naghten rule and some use the Model Penal Code standard established by the American Law Institute. Kansas, Montana , Idaho and Utah are the only four states who have…. For years, the insanity defense has developed and turned into a difficult but sometime successful defense system in a court of law. The exact law changes from state to state however the main idea remains the same. The insanity defense could apply or be used on a person who is considered legally insane.

They must have a severe mental disease or defect and must prove they were at the time of the crime, legally insane. HOME ESSAYS Essay On Insanity Defense. Essay On Insanity Defense Good Essays. Open Document. Essay Sample Check Writing Quality. The Insanity Defense and Its Impact On the Criminal Justice System Criminal defense is such an important part of the trial process. The most important but also difficult part of the process is figuring out what defense to use and what defense not to use. Out of the many defenses that are used, only one stands out: the insanity defense.

Insanity Defense: An Introduction The insanity defense, also known as the mental disorder defense, is a defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act. A new standard, for example, is the competency test. All jurisdictions require that criminals must be competent to stand trial, meaning that the accused knows the nature of their actions and understand that what they did was wrong, if they cannot do that they will be found to be mentally incompetent to stand the trial FindLaw. This, however, does not mean that the person is immediately found not guilty or innocent. The person will receive treatment until they are competent enough to stand trial.

One for federal law and one for each of the fifty states in the US. Of every one hundred insanity defense cases, less than one is successful every year. The success rate is about. The insanity defense has been a subject for debate for quite some time due to the. Introduction Torry, Blau The insanity defense has become popularized by criminal television shows, but it is not used as portrayed. According to Dr. Zachary Torry, a psychiatrist, the defense is actually used in one percent of cases and not even one-fourth of those cases will succeed in front of a jury Torry. Furthermore, the legal definition of insanity is very different than the societal definition.

Although there are a few cases in which this plea is very relevant,. The insanity defense has been established and turned into a challenging but in many ways an understandable and effective defense system in a criminal justice process. Within the legal system, there has to be two general requirements for criminal sanction against an individual Mens rea and actus reus. Therefore, guilty mind or guilty act must be present to present that an individual committed the crime. seek protection by law enforcement. Although the criminal justice system has established a foundation which is expected to promote public safety and punishment of criminals, they do not always live up to that capacity.

One aspect of this is the insanity defense expectation. If it is proven that a person had no knowledge or sanity in committing a crime or breaking a law, that person will not be punished nor. The Insanity Defense Former U. S president Ronald Reagan was shot by a man named John Hinckley in the year 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".

The purpose of the insanity defense is to protect the defendants that are found to be mentally ill. Although insanity may be difficult to prove, it gives the opportunity for others to prove that they are not mentally competent to understand the severe degree of their actions. An accused that is not mentally stable, is not able to stand trial like every other criminal. They have to find a different approach during their trial. They cannot think rationally, and they are not in contact with reality. The insanity defense has been used in several cases in criminal law. Many times the defense attorney will plea for a deal that the defendant be sent to a mental rehabilitation center for proper treatment. 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.

The insanity defense has been a controversial issue among many individuals and legal experts. Whether or not an individual 's current mental state can get in the way of their ability to differentiate right from wrong at the time of a committed crime has been a discussion of great debate among society. Although it is rarely used in criminal proceedings its credibility is still questioned by many people. People who believe that the insanity defense should be abolished argue that the individual committed. While there are indeed many insane people running around the streets today, I feel that many persons who use the temporary insanity defense are more conniving than insane.

Also, being an inexact science, the psychiatric community often offers up differing opinions as to any particular individual's. the insanity defense as a loop-hole for criminals to get out of taking responsibility for their crimes. However, this is far from the truth for people who commit crimes due to their mental state. This is because the court systems are failing people who have severe mental illnesses by not allowing them to have proper access to mental health care. How can we change the insanity plea to better help mentally ill criminals? The Supreme Court Cases have had a significant impact on the insanity defense.

Ask a television-saturated college student how often they believe this defense is used in court and they estimate that it is employed about one-third of the time Lilienfeld 8. In reality, this defense is only used rarely, with a successful attempt being even rarer. Even as a cultural sensitivity to mental illness is cultivated in schools and workplaces, the court remains a skeptical harbinger of judgement to the mentally ill, more often. Not guilty by reason of insanity is a defense strategy that has often been used by serial murderers in the past once an offender has been charged; however, contradictory to popular belief, this defense has been used in less than one percent of all criminal cases.

In this article I will consider whether the current claw defence of insanity is ineffective, out-dated and in need of reform. The insanity defense, also known as the mental disorder defense, is a defense by excuse in criminal trials arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease. Essay Topics Writing. Home Page Research Insanity Defense Essay. Insanity Defense Essay. Sort By: Most Relevant Highest Grade. Decent Essays. Insanity And The Insanity Defense Words 7 Pages. Insanity And The Insanity Defense. Good Essays. The Defense Of The Insanity Defense Words 6 Pages. The Defense Of The Insanity Defense. Better Essays.

We use cookies to enhance our website for you. Proceed if you agree to this policy or learn more about it. Buy now, save instantly, get the job done on time! Type of paper: Research Paper. Topic: Social Issues , Psychology , Law , Education , Court , Crime , Criminal Justice , Evidence. Pages: 3. Words: The insanity defense is an amendment to the strict rules of common law that allows an accused to be acquitted, completely or substantially, of the charges leveled against him, whether he is guilty or not. For this plea to hold water in a court of law, defendants must provide sufficient notification to the court.

The court will then use health experts to examine the accused and determine their state of the psychology. The defense may also bring witnesses, who personally know the accused, to the stand to testify on his or her mental capacity. However, the nature of the crime committed may significantly affect the admissibility of such a plea. A jury hearing the case may then reach a verdict of not guilty, guilty, or nor guilty by reason of insanity NGRI. Upon passing of a verdict of NGRI, the jury may require institutionalization of the defendant in a mental facility until such a time he is deemed not to be a threat to society. Sometimes a verdict of guilty but mentally ill GBMI is arrived at if indeed the court finds that the defendant is mentally ill but was not legally insane when committing the crime.

The insanity defense is distinguishable from the competence to stand trial defense. The later is used when the defendant does not have the physical or mental ability to understand and follow the trial or even to assist his attorney Moriarty, The insanity defense is especially applicable where the defendant did not deliberately decide to break the law. This means that any acts committed were under the uncontrolled effects of mental disability, and the defendant did not commit the crime under his own free will. The defense may also plea to have special treatment of the defendant in mental facilities. This would avoid conviction of the accused in a jail. This is because the accused may pose a threat to others, whatever the environment maybe.

The court has special guidelines as to the definition of a legally insane person. Mental instability may not necessary surmount as sufficient proof of legal insanity in a court of law. Mental disturbance of a serial killer may, for example, not be sufficient proof to acquit him of the charges leveled against him. The right-wrong test is used to determine whether the defendant was suffering from a defect of mind or reason. If such a defect resulted in the defendant being unable to know what he was doing, then the plea of insanity can be admissible to the court. The irresistible impulse test may cause the jury to find the defendant NGRI if the defendant had a mental condition that prevented control of conduct.

This test may be sufficient to quality the defendant as legally insane even if he can tell right from wrong. This is especially if the mental condition is the only cause of for commission of the crime Borman, However, it is important to note that the insanity defense is not valid if the insanity is induced by drug abuse. This is especially if the accused knowingly indulges in drugs while knowing the threat they pose to his health. In such a case, the plea of insanity will be null and void, and the defendant will be found guilty despite his mental condition at the time of the crime. The burden of proof rests on the defense. This would require presentation of evidence before the court to prove the insanity of the defendant.

However, prior to presentation of such evidence the court is under the assumption that the defendant is very sane. Similarly, it is assumed that he or she was sane at the time of committing the crime. The prosecution, on the other hand, aims at proving that the defendant was actually very sane to refute the insanity plea. In the case of U. S v Andrea Yates , the court found the accused guilty of murder for drowning her children. The insanity plea was not applicable since the accused had confessed that she was actually aware of the punishment. She had confessed this to the police while in custody. This was the reason why she considered legally sane.

However, on appeal to the Supreme Court later she was found innocent on the grounds of insanity. S v Dena Schlosser , the accused was found not guilty on grounds of being legally insane despite killing her baby by cutting off her arms. S v Deanna LaJune Laney, the court found the accused not guilty on the grounds of insanity despite murdering her two sons. However, all these individuals were committed to mental institutions after being acquitted of all charges Arpey, Arpey, A. The William Freeman Murder Trial: Insanity, Politics, and Race.

Borman, W. Handbook of Ppsychology. Hoboken: John Wiley. Moriarty, J. The Role of Mental Illness in Criminal Trials. New York: Routledge. Eigen, J. Unconscious crime mental absence and criminal responsibility in Victorian London. Baltimore: Johns Hopkins University Press. Note: this sample is kindly provided by a student like you, use it only as a guidance. ID Password recovery email has been sent to email email. Don't waste time. I agree. HIRE A WRITER Sign in. World of Writing Hub Blog Free Essay Writing Tools Quizzes and Tests Essay Topics Types of Essays Free Essay Examples. Who We Are Contact Us Our Writers Our Guarantees FAQ Honor Code WowEssays Reviews Our Services. ORDER PAPER LIKE THIS. Introduction The insanity defense is an amendment to the strict rules of common law that allows an accused to be acquitted, completely or substantially, of the charges leveled against him, whether he is guilty or not.

Justification for Defense The insanity defense is especially applicable where the defendant did not deliberately decide to break the law. Tests for Insanity The court has special guidelines as to the definition of a legally insane person. Burden of Proof The burden of proof rests on the defense. Cases In the case of U. References Arpey, A. Cite this page Choose cite format: APA MLA Harvard Vancouver Chicago ASA IEEE AMA. Accessed 07 February Research Paper On Insanity Defense. January Accessed February 07, Retrieved February 07, com, Jan Free Essay Examples - WowEssays. Published Jan 28, Share with friends using:.

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Research Paper On Insanity Defense,The Insanity of the Temporary Insanity Defense Essay

WebInsanity Defense Essay. Killers are born among sheep, because no one will ever suspect them from arising. The definition of insanity is, A defense for criminal liability that WebThe Insanity Defense – A Persuasive Essay. David ColtonEnglish Department, Southern New Hampshire UniversityENG – English Composition IIMelissa RohenApril 17, WebThe insanity defense is a defense that is used in the courts to say the defendant was not aware of what they were doing at the time of the crime. The terms of such a defense are WebThe following are criteria for establishing an insanity defense: 1) The defendant had mental illness at the time of the crime. 2) Because this mental illness, he lacked substantial WebIntroduction. The insanity defense is an amendment to the strict rules of common law that allows an accused to be acquitted, completely or substantially, of the charges leveled WebEssay On Insanity Defense Insanity as a Defense Views. Each year the number of murders increases. Do you ever wonder if these murders would stop The Insanity ... read more

The Legal Elements Of The Insanity Defense Essay Words 6 Pages. Insanity In Insanity Defense Words 6 Pages. This means that they maintain their innocence but acknowledge that the evidence is such that a jury could reasonably find them guilty. This essay argues against the insanity plea. Insanity Plea Pros And Cons Words 5 Pages. Copy to Clipboard Reference Copied to Clipboard. Woychuk believes that if the issue of personal responsibility is not dealt with properly we will continue to have violence and excuses for it.

Just talk to our smart assistant Amy and she'll connect you with the best match. Read More. Not Guilty by Reason of Insanity Words 7 Pages, insanity defense essay. Second, the trier of fact must find that because of the mental defect the defendant is not aware of the nature and quality of the insanity defense essay or that the act is wrong. It can change a life sentence in prison, to being sent to a hospital for rehabilitation.