Arguments Against The Insanity Defense

Those who are insane can be declared innocent if proven “not aware” of what they were doing when they were committing a crime and breaking the law. The mentally insane are able to be given smaller punishment, no jail time, or no punishment. These people are also given treatment for their mental illness but at the same time, it is not much better than imprisonment. These defendants may have committed a horrible crime and after all, will not be punished for it, because they are insane. Some defendants may use the insanity plea to escape imprisonment, but they are not truly insane. If you wouldn’t want a murderer to go free of punishment, then you don’t want a criminal to be innocent, because of their “mental illness”. The Insanity Defense should …show more content…
Some of the “not guilty by reason of insanity” defendants spend more time in mental institutions than they would have spent in jail, had they been convicted. NGRI defendants may also spend more time in these institutions than other patients who were not accused of a crime. This weakens the argument that treatment is the goal, and makes it seem more like punishment. It is believed that the Insanity defense should not allow the mentally ill to avoid prosecution, because no one is above the law. Everyone should be treated the same and when they commit a criminal act, they shouldn’t be given less punishment because they still broke the law. Here’s an example; A man went to a party to get revenge on someone and was going to shoot them, but other party goers stepped in the way to protect the person he was trying to shoot. The man had shot them and they died, he might then think “no witnesses” and kill everyone else at the party. When this case is taken to court, this man could be charged for manslaughter. If he pleads innocent on the account that he wasn’t thinking straight and couldn’t tell right from wrong due to a mental illness, he may be given less time in prison and psychological treatment, but no one would want a mass murderer to get a shorter sentence, for all they know he might have only pleaded insanity to escape a longer sentence. The …show more content…
The state will imprison but also treat the defendant for their mental illness if they were declared “guilty but mentally ill”. There is an approval of the defense because the mentally ill defendant couldn’t understand that the criminal act they were committing was illegal. When the defendants are declared “not guilty by reason of insanity” then they will go free of prosecution and might be treated for their mental illness. People agree with the Insanity Defense because they think that the “insane” were not in the right mind at the time of the criminal action and could not decipher right from wrong or they didn’t know that their actions were criminal. These people think that the Insanity Defense is fair because, when the defendant is declared mentally insane than they may be incarcerated and treated; which will punish for the criminal act and treat them for their illness or they may only be treated which is believed to show that treatment is the goal and the way that is wanted to use to help the mentally ill instead of punishing them. Insanity Defense is also agreed with because people believe that those with a mental disease may not be able to think straight and therefore cannot be held accountable for their criminal