Analysis Of The Insanity Defense

Improved Essays
Upon reflection of this entire course, coupled with a consideration of this writer’s own developing knowledge of clinical mental health counseling and art therapy, this writer feels it is imperative to recognize the humanness of every individual, regardless of his or her condition. Therefore, when this writer finds herself in a hypothetical debate with a friend who believes the insanity defense is just a clever way to get around the law, this writer would view this situation as the perfect opportunity to educate this friend and inform him or her about the details of this controversial issue.
In regards to how the legal system of the United States handles crimes committed by individuals who suffer from mental illness, specifically schizophrenia as in the assumed case of Mr. Quincy, it is crucial to consider the important reason why the insanity defense exists, to whom it should apply, and what actually happens with this defense. Ultimately, the way in which a person who suffers from mental illness is treated by the legal system poses fundamental questions of how we,
…show more content…
In keeping an optimistic attitude about the legal system of the United States and society at large, this writer believes that as society continues to take into consideration the findings of scientific research about mental illness, appreciation and acceptance of why and when the insanity defense is warranted will follow. As Hansen (2013) so eloquently argued, “we must not lose sight of a recognition that only rarely is the fundamental nature of a person so obscured by illness that their humanness and unique personality are not still the biggest part of their manner” (p. 303). It is this writer’s hope that the citizens of the United States will continue to strive for a justice system that reflects a more humanitarian

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
  • Improved Essays

    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.…

    • 1080 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    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.…

    • 1126 Words
    • 5 Pages
    Improved 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
  • 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

    Introduction What is Insanity Defense? Normally, a person is only convicted of crime if the prosecution proves that the suspect is engaged in a guilty act or had any guilty intent. If the suspect is not confirmed to have such intents, then it’s not considered as a crime. However, in situations in which a person commits a crime with intent, but suffers from a mental or physical condition that hinders their ability to control their behavior or to distinguish what’s right or wrong is involved, the people responsible of judging these cases have to consider insanity defense.…

    • 611 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    For example, the insanity defense is a defense that is rarely used and rarely successful, but receives the most attention from media. In order to successfully use the insanity defense, the defendant must be judged legally insane, which consequently strips them from many of their political rights. The principle behind the insanity defense states that a person who lacks the mental capacity to form decisions based on right or wrong cannot be held legally responsible for their criminal acts. Each state varies in the legal standards that determine the sanity of defendants. Andrea Yates, was charged for capital murder in 2002 for drowning all five of her children.…

    • 283 Words
    • 2 Pages
    Improved 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

    The stigma of insanity acquittal is attracted in instances where the traits of the internal automatism are that of an abnormality of the mind such as in Bratty or that of some other internal factor such as in Hennessy. As consequence of social ,and most pertinent in these instances, legal tradition, it has become somewhat of a trend that once internal automatism is brought up it is more often than not going to lead down to the road of insanity. In the past where the death penality was still existant the defence of insanity was brought about as preference of defendants to being institutionalized over being hanged. In the cases of diabetic defendants such as Hennessy where the categorization of diabetes is found to be hyper-glycemic the defence will always result in that of insanity, for it will fall under the non-insane defence the diabetes must be of the hypo-gylcaemic…

    • 429 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Conner Henman B7 Rue The Economics and Political Views of the Insanity Defense Is the insanity plea a valid defense? Word Count: 841 A The insanity defense is a defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act.…

    • 596 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    A person’s life has been heinously taken due to no fault of their own. Family and friends of the deceased have mourned, children have lost a parent, parents lost a child, and wives lost a husband. There is no way to ease their pain but, all they want is justice but, will they get it? When the murderer is finally caught the family is elated with joy and anticipate justice will prevail. But, there’s a catch, as the suspect’s defense attorney is claiming he was insane at the time the crime was committed and intends to plead just that.…

    • 1542 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    (Larry J. Siegel, P. 139). Why should an Insanity Defense not be an excuse? Pleading for Insanity should not be used…

    • 1109 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The article on A Crime of Insanity (Frontline, 2002), describes the whole process of determining the causes of action for individuals who have a mental illness at the time of committing heinous crimes. This article, in particular, covers the story of Ralph Tortorici, who has a history of mental disorder from as early as his adolescent years. Moreover, Ralph suffers from regular acute paranoid delusions and psychotic behavior, which prompted him to seek help from the University health facility and also from a New York state trooper. On both occasions, he complains of a government conspiracy which he feels is responsible for implanting a computer microchip on him. Having failed to secure any help from anyone, he takes matters into his own hands…

    • 882 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Due to the control, different perspectives, and issues inside the asylum the major conflict of One Flew Over the Cuckoo’s Nest is a sane individual verses an insane institution. Historically the lines of sanity and insanity are often blurred. According to Natalie Pye (n.d) ,“Madmen are people who did not seem to fit into any other category in society, and they forfeited their respectable status by their erratic, embarrassing, or simply unexplainable behavior and the mere fact of their becoming a spectacle” (pg 3). Society is known to ostracize those who are clinically mad or have a mental illness as if they are diseased.…

    • 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