Insanity Defense Research Paper

Improved Essays
It is questioned at times if certain criminals are mentally competent. There are cases where the crime is so horrific that it is hard to believe it actually happened. In these cases, one criminal might consider usinalg the insanity plea. This defense is used in court in order for the accused to justify his or her actions. It justifies the crime committed by implying that they did not know right from wrong at the moment of the crime. Their mental illness drove them away from reality. It is rare that this defense is used in courts, but there are people who question if it should even exist. Should the insanity defense be abolished? This is an important issue for society because it is a matter of justice to the people. There is a huge

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
  • Great Essays

    This Court will have to allow this defense because in Arizona 's limited insanity defense in Clark v. Arizona, and denied certiorari in Delling v. Idaho, a case alleging that Idaho 's replacement of the insanity defense with a "Guilty but mentally ill" verdict constitutes a due process violation. Because of the weighty implications of the decision to plead insanity, the defendant must be the one to decide whether to use the insanity…

    • 1544 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Malingering (Faking) the Insanity Defense The story at the beginning of this paper illustrates this issue well, even though, it is quite uncommon. Studies have shown that about 82% of insanity defendants have been diagnosed with major medical illnesses. So, what about the 18% that were not diagnosed with a mental illness? Could it be that they were faking it the whole time?…

    • 464 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    So the mental disorder or defect causes impairment in the person’s ability to appreciate or control their behavior, which then results in the criminal offense. It is important to recognize that the mere coexistence of a mental disorder and a criminal offense does not prove insanity; you have to be able to show the direct connection of how the disorder or defect influenced or caused the criminal…

    • 1603 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    Some people are up against the concept of insanity defense where they believe everyone who commits crime must take the criminal responsibility for their deviant behavior. On the other hand, there are group of people who believe the NCRMD is necessary in our criminal justice system, in order to sustain the equality for mentally ill person. Thus, the question of whether NCRMD is necessary in our criminal justice system is not a black or white question where there is a clear answer. However, the truth is that the NCRMD defense has created in our criminal justice system with a good purpose of providing equal rights for the mentally disordered people. This criminal defense does not exists and works as the sink hole for the accused to easily escape or avoid his or her criminal responsibility.…

    • 1688 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Tests for insanity include M’Naghten Rule and the American Law Institute Model Penal Code. The M’Naghten Rule focuses on whether defendant knew nature of the crime or understood right from wrong at the time the crime was committed. Under the American Law Institute (ALI) a defendant may be found not guilty by reason of insanity if lacking either cognitive or volitional (irresistible impulse) capacity. The ALI test provides “A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to the appreciate the criminality (wrongfulness) of his conduct or to conform this conduct to the requirements of the law” (Goldstein. Morse, & Packer, 2013, p.…

    • 1387 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    That’s not important in the jury room (Grishman 107)”. The insanity plea is used for a wide variety of cases. Part of the outcome is that the accused convicts of the cases believed that they were legally insane while committing the crime. Furthermore, a majority of the insanity pleas is rejected which makes it extremely rare to follow through. Through such cases, the insanity plea is commonly used as an excuse to prevent themselves from going to prison.…

    • 1270 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    This verdict can often be mistaken for the defence of diminished responsibility / capacity despite there being many major differences between the two. Although both are there to be used by mentally ill defendants, reason of insanity is a full defense to a crime and diminished responsibility / capacity is not. Pleading not guilty by reason of insanity is essentially equivalent to pleading not guilty, diminished responsibility / capacity is however just the defendant pleading to a lesser crime, the fact they are mentally ill is used as a mitigating factor. The law presumes that every person has free will, is responsible for their actions and should therefore be punished in accordance with the seriousness of their crime.…

    • 1250 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    The insanity plea is a defense in the court of law put in place for people who suffer from mental illness and commit crimes. Under this defense, the mentally ill are not entirely held responsible for their actions given the terms that they were not in the correct state of mind when the crime took place. The person would admit to committing the crime, but then say they are not guilty by reason of insanity (Francone). This plea has been used in my cases throughout history.…

    • 1321 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    “Not Guilty by reason of insanity” This could be used in a plea in a court of a person charged with a crime who admits the act, but whose attorney says that they were too mentally ill at the time to determine whether it was right or wrong. In the short story, “The Tell Tale Heart” by Edgar Allan Poe it describes a crazy man who kills another man. The story takes place in an old house in the old man’s bedroom. The main character explains to the reader about his obsession of the old man. His obsession is concerning the old man’s “vulture looking” eye.…

    • 804 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Jrank points out that many people have misconceptions about the insanity defense. One of these misconceptions is that it is used more often than it actually is. The defense is only attempted in about one percent of all criminal cases, and only twenty percent of these attempts actually win their cases (Jrank 1). One thing that people do not think about is that when a defendant pleads insanity they are admitting their guilt; because of this if they do not win their plea they will automatically be given a guilty verdict. They could also receive a more severe punishment for trying to go through with an insanity defense if they are found to be free of any type of mental illness.…

    • 2325 Words
    • 10 Pages
    Superior Essays
  • Superior Essays

    Their proof must show that the accused has criminal liability, accountability, or culpability (Pg. 255). In the absence of one or both of the attributes the insanity may be used. To begin with, as stated by Torry and Billick, the insanity defense was used as far back as 1581 when there was a legal note in place for those who could distinguish the difference between right and wrong and those who could not (Pg. 256). By the Eighteenth Century the insanity defense was distinguished by, if the accused could only understand the ramifications of what he had done like an infant or even a wild animal would, then he would not be held responsible for said crime. Today, however, the law uses several different rules, including the M’Naghten rule, to determine if person’s mental state during the act of committing the crime was such that he will use the insanity defense.…

    • 1542 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    According to Bartol and Bartol (2011, p. 244) if an individual pleads not guilty by the circumstance of insanity, then the psychiatric evaluation should be focused on the individual 's mental state at the time of the crime. This basis is very much in line with the recommendation of Dr. Siegel in his letter to the…

    • 882 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Asylums are supposed to stabilize the insane, but what if they did the exact opposite? In the book, One Flew Over the Cuckoo’s Nest not only is the sanity of the patients questioned but the staff’s too. The methods of the institution are questionable ethically and morally. Giving the patients unknown pills and taking away their masculinity is very dubious. The ways of the institute is soon questioned because of the arrival of Randle McMurphy.…

    • 1723 Words
    • 7 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