Mental Illness And Insanity Defense Essay

Great Essays
Mental Illness and the Insanity Defense
Introduction
The criminal justice system works by attempting to dispense justice in all instances where the law has been broken. The penal code is structured in a manner that permits it to punish according to the magnitude of the transgression in question. However, not everyone, even those who admit to committing crimes, accepts their punitive measures gracefully. They continuously attempt to avoid the penalties associated with their deeds. Besides, some complexities arise when trying to convict some perpetrators of crime owing to some reasons. In the U.S., for instance, mental illness and insanity often make it difficult for the wheels of justice to grind, as they should. Mental disease and insanity defense are functional in criminal cases by persons accused of various criminal offenses. The mental illness and insanity feature in the criminal justice system in two different ways.
Firstly, they can come up with genuine cases in which a perpetrator of a crime is truly insane or mentally
…show more content…
In her definition, she considered someone insane as one who was deprived of their understanding capability and memory, such that they did not know what they were doing anymore. The rule was strict in arguing that the insane condition, as termed, was something comparable to, infancy, wild beast, or a brute state of mind (Robin, 2009).
The M 'Naghten Rule
The rule was a refined version of Wild Beast Rule. It had three criteria that had to be met for one to be considered insane. First, there had to be mental illness. Equally, the accused had to be scientifically determined to be suffering from a mental illness. Secondly, the accused had to be committed to lack the capacity to identify or know the quality of their actions. Finally, the accused had to be determined to have been unable to comprehend the morality of their deed based on right or wrong.
The Durham

Related Documents

  • Improved Essays

    To the contrary, the legal definition shows that it is a very serious mental illness and cannot just be thrown around. This change in definition helps the reader to better understand the verdicts and helps them to see the legal system in a logical way. In this particular case, the lawyers that Dr. Lunde was testifying against were trying to use the insanity plea in order to protect their client when in reality it was just hurting them and making them appear desperate. Dr. Lunde’s words on the topic unveil some of the cheats used in the legal…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    A loved one, killed. This is many people’s worst nightmare. The loved ones of the mentally ill are in constant worry of this, knowing that the person they love could suffer from a sudden psychotic breakdown and put their lives at risk without realizing it. The fact that the mentally ill cannot control themselves and may engage in criminal activity as a result has led a struggle for police departments as people who are unaware of their actions - essentially innocent people - are killed. Through an effective argument that utilizes multiple appeals, Pete Earley suggests the necessity of special police forces to handle mentally ill suspects.…

    • 1080 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Andrea Yates: Mother or Monster Mothers have been thought of as nurturing caregivers. Caregivers who have always done and thought of what is best for their children. Nevertheless, what happens when the nurturing mother becomes the monster? What causes them to undergo such a drastic transformation?…

    • 2451 Words
    • 10 Pages
    Improved Essays
  • Superior Essays

    Mrs. Andrea Yates past life showed that she has had a history of mental illness. Mrs. Andrea Yates had been brought to the hospital many times for strings of mental cases that she had received treatment for because she had harsh depression and the depression came due to psychosis. One time when Yates was in the hospital, she was described as an intensely psychotic woman. Yates has tried many times to commit suicide; for instance one time she tried to overdose by using antidepressants and even after that did not work she attempted to murder herself by stabbing herself. Yates has been through unfavorable paranoia.…

    • 1542 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Not Guilty by Reason of Insanity(NGRI) Intro The criminal justice system is utilized to punish those who violate the laws and to protect the rights of the people who abide by the laws. However, there are instances where the criminal act of an individual are not punished through imprisonment. In these instances they individual may have a mental illness, which is causing them to not understand the consequences of their actions.…

    • 1053 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Sociopathy Vs Psychopathy

    • 1481 Words
    • 6 Pages

    The problem associated with this is that fact that because of this the standards to claim insanity were easier to do with the DSM than by the PCL-R. The DSM is what is more commonly used in Frye Jurisdictions. This evidence shows the unequal advantage of how the simplicity of what jurisdiction and individual is in can show significant impact on…

    • 1481 Words
    • 6 Pages
    Great Essays
  • Superior Essays

    However, in many countries including England and Wales if someone is considered to be insane they cannot commit a crime freely, so a punishment should not follow. When a person is medically insane they cannot voluntarily commit an act…

    • 1250 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    The presence of this plea option has led to controversy in the law world; some think that the plea should be diminished while others notice its necessity. Nevertheless, there are people with mental illness in our society that commit crimes just as those without mental illness do. There should be a system that protects the rights of those with mental illness, but there is a lot of grey area with the current system in place because it is difficult to tell if the person was not in a sane state at the time the crime took place when the trial often occurs months later. Those who plea guilty by reason of insanity are required to go through an extensive psychological…

    • 1321 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Running head: Mental Illness and Crime Mental Illness And Correspondence To Crime Daniel Costeira Criminolgy CRM 360 Dr. Jaeckle Flagler College Abstract Individuals with mental illness affect the United States criminal justice system, as at least one quarter of the general population, including those in prisons, jails, or on probations is mentally diseased. Most inmates have reported symptoms or a history of a mental health disorder. There are concerns regarding the growing population of the mentally afflicted and the significant need for treatment within in system. The well being of mentally ill individuals who are involved within institutions is being questioned along with the quality of safety that is provided within facilities.…

    • 1118 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Mental Illness In Jails

    • 498 Words
    • 2 Pages

    In that case, with the obstacles the police faces when dealing with mental illness situations, there are two serious issues appears from the current state of criminalization with someone having a mental illness and injury or death as a result of their contact with the police. As noted, officers are in the position to be first responders to serious mental health emergencies; police intervention accounts for a significant amount of referrals into care estimates of 15-40% of the mentally disordered is currently in jails and prisons (Adelman, 2003). Majority of arrest of mentally ill people are for non-serious crimes such as minor theft, noise or disruptions complaints, failure to appear in court following other charges that was either directly or indirectly related to their illness. A study by Rogers, suggest that lack of advance knowledge of mental illness was a contributing factor to arrest (1990). As a result, an arrest was often the only step available for officers in situation where individuals were not sufficiently disturbed too be accepted by hospitals but were too public in their deviance to be ignored.…

    • 498 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Mental Illness In Prison

    • 1015 Words
    • 5 Pages

    By definition, mental illness is “an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person afflicted requires care, treatment and rehabilitation” (Hall, Miraglia, Lee, 2011). This definition of mental illness provides a broad overview of what many individuals in our society are dealing with every day. Although it may be seen as a problem in mainstream society, it is often overlooked in prison. Upwards of 61 percent of prisoners who committed a violent offense suffer from mental illness (CITE).…

    • 1015 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    The Case Of Andrea Yates

    • 1780 Words
    • 8 Pages

    Texas uses a combination of the McNaughton and Irresistible Impulse Test. On the McNaughton test the defendant must be suffering from a defect or disease of the mind, not be aware of what they did it or whether it was right or wrong to be found insane. However, on the Irresistible Impulse Test if a defendant is cognitively aware of what they did was right and wrong , but cannot stop themselves from acting a certain way they can be found insane. Some psychiatrists and legal scholars have criticized both tests for failing to allow for degrees of incapacity. The presence of postpartum psychosis may significantly impair a woman 's mental stability but still not satisfy the cognitive test or even the irresistible-impulse test (Nau, McNiel, & Binder, 2012) .…

    • 1780 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    Madman Symbolism

    • 811 Words
    • 4 Pages

    1. In what sense is the madman insane? Upon what basis, or according to what standard, is he considered insane?…

    • 811 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The article on A Crime of Insanity (Frontline, 2002), describes the whole process of determining the causes of action for individuals who have a mental illness at the time of committing heinous crimes. This article, in particular, covers the story of Ralph Tortorici, who has a history of mental disorder from as early as his adolescent years. Moreover, Ralph suffers from regular acute paranoid delusions and psychotic behavior, which prompted him to seek help from the University health facility and also from a New York state trooper. On both occasions, he complains of a government conspiracy which he feels is responsible for implanting a computer microchip on him. Having failed to secure any help from anyone, he takes matters into his own hands…

    • 882 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    How do you feel about a defense that is made basically to allow a criminal justification over a crime they committed? Well thats the insanity defense for you. It has been around for over two-hundred years and since then it has had several reforms brought to it. It was brought around to help the mentally ill, allowing them to plead not guilty to a crime because they lacked the mental capacity to understand right from wrong or appreciate why what they did was wrong. Basically it states they aren’t criminally responsible for their actions; therefore they are sent to mental facilities to help treat their mental illness and not given prison or jail time.…

    • 1893 Words
    • 8 Pages
    Superior Essays