Argumentative Essay On Insanity Defense

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. However over the years the insanity defense has not been successful and needs to be taken away …show more content…
In fact not every state does. PBS is known to be the most unbiased site and on there it had stated how there are four states that have gotten rid of the insanity defense altogether which are; Utah, Montana, Kansas and Idaho and the states that do have it, have a problem with it, asking for more restrictive confinement options for those that are charged with the insanity defense (A Brief). The criminal findlaw website also showed how the states that do have it all also have different standards of what they claim a person to be insane is and different way of proving it. Most states have it to where the burden of proof to prove they are insane is on the defendant like; California, Arizona and and New York; however, some states have it where it is the state 's responsibility to prove the defendant is insane like; Oklahoma,Tennessee, and West Virginia (Insanity Defense Among the States). So therefore I can commit it a crime in one state and be charged differently than another state. I understand that all states have different laws and standards but a law/defense that is so valuable and important to someones life and society should be equal in every