The Insanity Pleas: The Insanity Plea

Improved Essays
Insanity Plea The insanity plea has been used for more than a century dating back to the first use of temporary insanity used in 1859. This plea is only used in a small portion of cases, yet the outrage over this type of plea is high. The outrage from the public could be from lack of understanding, but many individuals in today’s society argue that the insanity plea should be abolished. Understanding the process of an insanity plea, the grounds an individual must be in to plead insane, as well as what states have abolished the insanity plea can provide answers to the skewed perspective of the insanity plea given to the general public. The argument of justice is heavily debated in the case of the insanity plea. By granting a guilty but …show more content…
The insanity defense often takes two forms: the cognitive insanity and the volitional insanity. Cognitive insanity must prove that the individual was so mentally unstable at the time of the illegal action, that they are incapable of knowing their actions were wrong. On the other hand, volitional insanity must prove that while the defendant was capable of knowing right from wrong, they suffered from “irresistible impulses” enabling the individual from controlling their actions (Gale & Lehman, 2008). While these are the most common forms of insanity, there are other forms of the insanity plea such as the Gay Panic defense (Mince-Dieder, 2015) and The Durham rule, often called the “product rule” (Gale & Lehman, …show more content…
Andrew Goldstein (2005). Goldstein was tried for the murder of Kendra Webdale who Goldstein pushed in front of an oncoming subway train on January 3, 1999. During Goldstein’s first trial, his defense plead insanity which ended in a hung jury (CULS, 2015). Ten years prior to the murder, Goldstein was in and out of several mental hospitals with the claim of schizophrenia, yet none of the doctors who treated Goldstein believed he suffered from the mental disease. However, during Goldstein’s test to clarify if he was competent to withstand trial, Angela Hegarty, the prosecutions forensic psychiatrist, ruled the Goldstein did in fact suffer from schizophrenia (CULS, 2015). Prior to the murder, records indicated the Goldstein had attempted to check himself into several hospitals where he was denied. After two separate trials, Goldstein was found

Related Documents

  • 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

    The insanity plea is a necessary modality for the legal system to possess; however there are many holes in the current defense that have caused criminals to find an escape, and because of this, there should be stricter stipulations in place on the…

    • 1321 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    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)…

    • 1542 Words
    • 7 Pages
    Superior 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
  • Improved Essays

    “Not Guilty by reason of insanity” This could be used in a plea in a court of a person charged with a crime who admits the act, but whose attorney says that they were too mentally ill at the time to determine whether it was right or wrong. In the short story, “The Tell Tale Heart” by Edgar Allan Poe it describes a crazy man who kills another man. The story takes place in an old house in the old man’s bedroom. The main character explains to the reader about his obsession of the old man. His obsession is concerning the old man’s “vulture looking” eye.…

    • 804 Words
    • 4 Pages
    Improved 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
  • 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
  • Improved Essays

    Insanity Defense History

    • 959 Words
    • 4 Pages

    The insanity plea came about in the twelfth century, when it was originally meant to offer an excuse or reason for the crime to get a revised sentence rather than “not being found guilty” like we are…

    • 959 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Jrank points out that many people have misconceptions about the insanity defense. One of these misconceptions is that it is used more often than it actually is. The defense is only attempted in about one percent of all criminal cases, and only twenty percent of these attempts actually win their cases (Jrank 1). One thing that people do not think about is that when a defendant pleads insanity they are admitting their guilt; because of this if they do not win their plea they will automatically be given a guilty verdict. They could also receive a more severe punishment for trying to go through with an insanity defense if they are found to be free of any type of mental illness.…

    • 2325 Words
    • 10 Pages
    Superior Essays
  • Improved Essays

    Andrea Yates Case

    • 868 Words
    • 4 Pages

    Often times, I think the insanity defense is used consciously to escape penalties of the law. Or perhaps it can be referred to as the “defense of last resort,” when there is no question that the accused committed the act and the defense can think of nothing else to exonerate his/her client. Consider the case of Andrea Yates. In my opinion, Yates knew the difference between right and wrong at the time of the drownings. Yates did not believe she was washing laundry or putting out a fire.…

    • 868 Words
    • 4 Pages
    Improved 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
  • Decent Essays

    Without the insanity plea he would have been punished and maybe learned how to deal with this disorder. So no matter what the reason was for killing her he still did it with his hands no one else pushed her. Outlawing the insanity should be highly considered not to make the criminals feel bad but teach them a lesson or at least help them control this disorder if they are medically…

    • 303 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    People often have a misconception when it comes towards the terms mental illness and mental insanity - which in fact both terms are entirely disparate. To be mentally insane, means to have no recognition between reality and fantasy but unlike suffering from mental insanity, to suffer from mental illness means the person does have recognition of their surroundings however, they have affected mood behaviors, (Brewbaker). Therefore,when person suffers from a mental health problem and is charged with criminal charges, “they can get hospitalized for up to 60 days for treatment, during which time they will be examined to see if they are competent to stand trial”, (Brewbaker). Thus, once a person can withstand trial the judge can then make a verdict…

    • 268 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    However over the years the insanity defense has not been successful and needs to be taken away…

    • 1893 Words
    • 8 Pages
    Superior Essays