The Pros And Cons Of Insanity Defense

Improved Essays
Research has shown that insanity defense has been used in roughly 1% of the cases and from such cases only about ~26% has been successful defences (Daftary-Kapuret al, 2011). Research has also shown that those who often resort to the insanity plea has prior mental hospitalization records to either inpatient or outpatient facilities and ~82% has been diagnosed with major mental disorders at the times of the psychiatric evaluations. (Daftary-Kapuret al, 2011).
Further research has shown contrary to public opinion insanity defense is not exclusive to violent crimes. 31.6% of the insanity defence pleas included non-violent felony charges. Defendant who pleads insanity has many risks associated with it (Daftary-Kapuret al, 2011). First an insanity

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

    Malingering (Faking) the Insanity Defense The story at the beginning of this paper illustrates this issue well, even though, it is quite uncommon. Studies have shown that about 82% of insanity defendants have been diagnosed with major medical illnesses. So, what about the 18% that were not diagnosed with a mental illness? Could it be that they were faking it the whole time?…

    • 464 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    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.…

    • 1053 Words
    • 5 Pages
    Improved 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

    That’s not important in the jury room (Grishman 107)”. The insanity plea is used for a wide variety of cases. Part of the outcome is that the accused convicts of the cases believed that they were legally insane while committing the crime. Furthermore, a majority of the insanity pleas is rejected which makes it extremely rare to follow through. Through such cases, the insanity plea is commonly used as an excuse to prevent themselves from going to prison.…

    • 1270 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    This verdict can often be mistaken for the defence of diminished responsibility / capacity despite there being many major differences between the two. Although both are there to be used by mentally ill defendants, reason of insanity is a full defense to a crime and diminished responsibility / capacity is not. Pleading not guilty by reason of insanity is essentially equivalent to pleading not guilty, diminished responsibility / capacity is however just the defendant pleading to a lesser crime, the fact they are mentally ill is used as a mitigating factor. The law presumes that every person has free will, is responsible for their actions and should therefore be punished in accordance with the seriousness of their crime.…

    • 1250 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    In the court cases that the Insanity Defense and is successful, 90% of the defendants that plead insanity have been previously diagnosed with a mental illness. (Lithwick).The Insanity Defense was first created it was used more as an argument for the defendant to pardon themselves from a sentence. Defendants that are found not fit to stand trial and plead insanity; will then in most cases be committed to a mental institution. The mental institutions that the defendants are sent to after the trials are in some cases worse than prisons. In the mental intuitions there is no allocated time period that the defendant will be in the intuitions, in some cases the offender will be committed for the rest of their lives.…

    • 1385 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    As a criminal justice major, I found this chapter particularly interesting. I tend to wrestle with the insanity plea. I realize that there are some cases where it is beyond evident that the person was criminally insane. However, for the most part I tend to see it as a cop out. I see it as a way for the defense to get their client freed from responsibility.…

    • 285 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

    Some of the “not guilty by reason of insanity” defendants spend more time in mental institutions than they would have spent in jail, had they been convicted. NGRI defendants may also spend more time in these institutions than other patients who were not accused of a crime. This weakens the argument that treatment is the goal, and makes it seem more like punishment. It is believed that the Insanity defense should not allow the mentally ill to avoid prosecution, because no one is above the law. Everyone should be treated the same and when they commit a criminal act, they shouldn’t be given less punishment because they still broke the law.…

    • 1102 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Over time, new laws are created to help make the judgment if one is innocent or guilty based on facts and evidence. It has become more difficult to prove innocence or guilt because of certain laws. The creation of more specific and detailed laws is due to American society. The insanity defense is a specific law which has gotten harder to prove. It is a defense used in the court of law to plead not guilty due to a mental state that does not allow the accuser to know what (s)he has done.…

    • 347 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Insanity Defense Papers

    • 1361 Words
    • 6 Pages

    According to Morse and Richard, “some form of an insanity defense is a matter of fundamental fairness in a just society. It gives doctrinal expression to fundamental moral and legal principles that have been recognized by the common law for centuries and that the supreme court has repeatedly acknowledged (Morse, Richard, 488). Also, the insanity defense has been in the law since the 14th century and almost all state and federal law makers still agree on its importance today (Morse, Richard,…

    • 1361 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
  • 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

    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