In the “State of Oregon v. Kipland Philip Kinkel,” the defendant is appealing his sentence of 111 years and eight months. The defendant was charged and pled guilty to four counts of murder and twenty-six attempted counts of murder, in 1998. During the sentence hearing, the defendant claimed that his actions were caused by a mental disease, and that this…
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.…
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.…
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;…
In 2003, Andre Thomas viciously attacked and killed his ex-wife and her two children, and was sentenced to death row. His defense argued that he was not eligible for death row because of his mental state. The court ignored the argument and passed it off, saying that they were using his illness as an excuse to “get out of” maximum punishment. As demonstrated in this case, mental illness is not given the attention it deserves when determining a sentence. Cases such as these have aroused concern how fair the criminal court is towards the mentally ill.…
He struggles to give his son treatment because according to the hospital, “it was not illegal for someone to be mentally ill in Virginia, but it was illegal…
“The Worst of the Worst,” by Patrick Radden Keefe is a story told about Judy Clarke, a defense attorney who does whatever she can to save the most notorious killers’ lives. Throughout the story, Keefe demonstrated how Judy Clarke is indeed one of a kind. Clarke selects the criminals no one wants to defend, such as rapists, psychotic kidnappers, and mass murderers. In all cases but one did Clarke successfully convince the jury to spare the criminal’s life.…
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…
General Difference Between Successful and Unsuccessful Mental Disorder Defense Despite many characteristics mentioned in the above, the fact that most individuals found NCRMD have had previous contact with the psychiatric system or history records with the criminal justice system are very interesting to acknowledge. When compared with individuals with successful the NCRMD defense and unsuccessful NCRMD defense, individuals with NCRMD found more involvement with the psychiatric previously(Gullets, 2016). It suggests that the offenders who have been diagnosed with a mental disorder in the past have more possibility of successful NCRMD defense compared to others with no previous records with the psychiatrist. In another words, the previous records…
Her case was one of psychotic; she was depressed, hallucinated and faced religious pressure. Over the years scientists and doctors struggled to find a link between a mental illness and a criminal behavior. In many States in our country lawmakers began to recognize many factors, which play a big role in how individuals control their reasoning ability and behavior. Moreover, many states countrywide have changed its laws accordingly to newly discovered theories.…
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.…
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.…
The insanity defense has been around for centuries and has always been the center of debate. According to Zachary D. Torry and Stephen B. Billick (2007), a crime must have two key attributes evil intent (mens rea)…
was found not guilty by reasoning of insanity. Still seen as mentally unstable, he was immediately sent to St. Elizabeth’s Hospital in Washington D.C. The nation was outraged by the verdict. Some states were so belligerent that they banned the insanity defense all together. The said-to-be schizophrenic’s parents would open a fund to support the mentally ill and awareness for the mentally ill.…
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.…