The Argument Of The Insanity Defense Essay

2384 Words Nov 30th, 2016 10 Pages
The Insanity Defense. What constitutes its use? How can personality psychology server to the client’s advantage? How is this field of psychology used to better determine a criminal’s behavior? How often is this form of defense used, and how successful is it in serving as a “get out of jail free card”? Before one can even begin to fathom any of these questions, one must first understand what this defense signifies. As one of our moral checks on the Criminal Justice System (CJS), the insanity defense is utilized in a criminal case where the defendant is deemed unaccountable for his/her own actions due to either a sporadic or chronic psychotic ‘break’ at the time of the unlawful act. The court has established several precautions – either to be used solely or in conjunction with another – to ensure that these individuals were victims of their “diminished capacity,” which include the M 'Naghten Rule (i.e., defendant did not comprehend their actions and/or cannot determine if their behavior is right or wrong), the Irresistible Impulse Test (i.e., issues in impulsivity, due to psychiatric illness, resulting in criminal behavior), the Durham Rule (i.e., a psychological malfunction resulted in the individual committing the crime), and the Model Penal Code Test for Legal Insanity (i.e., it is determined that the criminal either could not understand that the act was of wrongdoing or was simply unable to abide the law due to psychological complications) (FindLaw, 2016). However, even…

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