Insanity Defense

Improved Essays
This brief paper aims to support that the legal defense of an “Insanity Defense orPlea” in a courtroom should only be employed in cases where there is clear and documented evidence that a person’s criminal actions were impaired due to a diagnosed mental disorder that impacts their ability to control their own behaviors and/or fully appreciate or comprehend that their actions were wrong, illegal or prohibited. ForensicPsychology is a clinical psychology that interconnects two types of psychological service including the psychological evaluation and assessment as well as the rehabilitation of convicted criminals once in the prison system(citation). The “Insanity Defense” is based on evaluations and the diagnosis by forensic mental health professional sutilizing the Diagnostic and Statistical Manual of Mental Disorders, FifthEdition (DSM-5), which is the standard classification of mental disorders used by mental health professionals in the United States (citation), Ina legal court case, if a person is to be convicted of a crime, it is the responsibility of the prosecution to prove that the accused engaged in a guilty act (actus reus) as well as having guilty intent (mens rea) (citation).However, if a person commits a criminal act with the intent to commit the act,but is suffering from a …show more content…
The insanity defense is a legal principal that has evolved over cultures and time. As stated in the article “The Emperor in the Courtroom: psychology and pseudo-science” by Michael E. Coles, Coles asserts that “mental health experts, both psychiatrists and psychologists, have not only been appearing in courtrooms more often, they have been moving more and more towards center stage” (Coles, citation). Although the “insanity defense” is utilized in present day, it remains quite

Related Documents

  • Superior Essays

    Sane Enough to Die Imagine a state of paranoia so great that it starts to seem as if one’s own thoughts are not their own, or auditory and visual hallucinations that continuously speak of the inferiority of the masses, creating an intense sense of superiority in oneself. Such experiences are just a few of the possible symptoms of schizophrenia, a fairly well recognized psychological disorder present in today’s society. Psychological disorders are an incredibly real issue in the modern world that do not receive nearly enough consideration and understanding. It is this issue of mental illness that creates much controversy and indecisiveness in establishing legal guidelines for determining mental competence in the eyes of the law. Specifically, the Supreme Court case of Ford versus (v) Wainwright attempted to establish the constitutionality of executing someone deemed psychologically unfit after the trial process, as well as adequate procedures for doing so.…

    • 1987 Words
    • 8 Pages
    Superior Essays
  • 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
  • Superior Essays

    Serial Killers Essay

    • 1038 Words
    • 5 Pages
    • 6 Works Cited

    According to law, a person is “not guilty by reason of insanity” if they do not have the capacity to know right from wrong, therefore;…

    • 1038 Words
    • 5 Pages
    • 6 Works Cited
    Superior 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
  • Improved Essays

    I, Judge Awotwi, presided over the mock trial State Prosecution vs. Macbeth, and it is my duty to uphold the rule of law and instruct true justice upon this issue. The defendant entered a plea of insanity due to delusional compulsion before this court on October 24, 2017, after committing beyond a doubt one count of murder and two counts of felony murder. The question is not whether Macbeth committed these crimes, or if he is judged to be found guilty; it is to judge if the defendant “did not have [the] mental capacity to distinguish between right and wrong”, and that is the responsibility of the court (16-3-2). Due to the facts presented in court I have come to a verdict. The defense’s unique argument and main points overwhelmed the predominant…

    • 928 Words
    • 4 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
  • 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

    The courts held in favor of Arizona stating that insanity standards are open to state choice (2004). Clark vs. Arizona relevance - It is important that the evaluating mental health professional to be aware of state standards for the insanity defense. The statues vary by state. The role of the mental health professional is to prove the mental illness of the defendant at the time of the criminal act to assist in the Not Guilty by Reason of Insanity plea.…

    • 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
  • 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
  • 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 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
  • 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