Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Mental illness and the insanity defense
Mental illness and the insanity defense
Mental illness and the insanity defense
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Mental illness and the insanity defense
The criteria for insanity has changed due to the different criminal cases that people are faced with and there isn’t a fine line between sanity and insanity. From what I have researched, I find that there could be a fine line drawn between sanity and insanity. My criterion for insanity is for a person not to know the difference between right and wrong. My criteria matched well with the M’Naghten Rule which states, “Defendant either did not understand what he or she did, or failed to distinguish right from wrong, because of a ‘disease of mind’” (Reuters, Para. 6) I find that because of today’s society and our need to justify people’s actions, the meaning of the M’Naughten Rule and the fine line between insanity and sanity have lost their value. We focus on the being fair instead of the justice of crimes or any given action. The most important the person must go through extensive evaluation and be diagnosed with a mental disorder that may lead to such violence. Many may say that they didn’t know what they were doing but if there is a motive then that doesn’t mean that the person is insane. I have discovered that people get away with so much in result that they can plead insanity. Many criminal cases nowadays are coming out and admit that those convicted and pleaded guilty of insanity due to a mental disorder, were forging their insanity. We refuse to acknowledge that a sane person could kill people but learn that these people have the ability and desire to do such horror to other people. To diagnose someone with insanity, according to the observation of the Andrea Yates, one must suffer and be diagnosed with a form of a mental disorder.
A correlation between mental disorders and syndromes are also linked to insanity but not all me...
... middle of paper ...
...annot.
In conclusion, Andrea Yates was sane and was not guilty by insanity.
Workcited
Yates' Cofession (2006, August 1). In CNN.com. Retrieved January 20, 2014
Reuters, Thomson ( 2013) Insanity Defense. Criminal Findlaw. http://criminal.findlaw.com/criminal-procedure/insanity-defense.html
Nordqvist, C. (2012, February 17). "What Are The Symptoms Of Depression?." Medical News Today. Retrieved from http://www.medicalnewstoday.com/articles/241862.
A+E Network Corporation. (2013). “Andrea Yates. Biography.”Bio Story today. Retrieved from http://www.biography.com/people/andrea-yates-235801
Excerpted from Findlaw.com: http://criminal.findlaw.com/criminal-procedure/the-m-naghten-rule.html#sthash.1PFCG9Sf.dpuf
Frontline (1998, May 5). “Transcript of kip kinkel’s confession”Pbs.org. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/kinkel/art/confess0.gif
With murder charges of fifteen people, cannibalism, and necrophilia hanging over his head, Jeffery Dahmer plead not guilty by reason of insanity. Since Dahmer was a child he had shown withdraws and avoidance of society. He had a habit of collecting dead animals, and he would dissect, dissolve them in many different ways. When Dahmers plea of insanity was rejected by the court, he was then charged with fifteen counts of murder (Yoong). Many believe that when Jeffrey Dahmer 's plea was rejected that it was the end of anyone using, but that isn’t the case. It is used quite rarely, but it is still in use. In all reality, the insanity plea should always be rejected. The only way it should be allowed is if the criminal is fully innocent. “The insanity
Leahy, R. (2010, October 30). The Cost of Depression. Retrieved April 16, 2011, from www.huffingtonpost.com Web site: http://www.huffingtonpost.com/robert-leahy-phd/te-cost-of-depression_b_770875.html
The Web. The Web. 12 Nov. 2013 “Depression Symptoms & Warning Signs.” Recognize Depression Symptoms & Get Help. N.p.,
What’s more, the success rate of those cases is only about 26%. Insanity defense can be a possible escape to crime, but in order to state as true the defense of insanity or the insanity plea, the person who is being sued or was sued must declare that he/she is not responsible for his/her actions because of their mental health problem. That person must strongly express that he/she was not aware of the actions. Usually, the first thing that is done in a person’s insanity plea is that he /she needs to go through a thorough mental process. Psychologists or Psychiatrists can help the process on how to figure out the person’s actual state of mind during the crime. However, they are not in the position to decide whether the person is really insane. Only the jury can decide whether the statements in court or the findings support the criminal insanity defense. If the court finds the person is guilty for the possible crime but she or she was not mentally responsible during the time that the crime was committed, often, they will be sent to a psychiatric hospital or placed in a mental hospital for the criminally insane. Usually, punishment is not forever; it will only last until the person is no longer a threat to the people of the world. There are cases where they claim insanity only lasts a certain period of time. This kind of defense is very hard to prove. If the person declares that their
quality of the act he was doing; or, if he did know it, that he did not
Much of my skepticism over the insanity defense is how this act of crime has been shifted from a medical condition to coming under legal governance. The word "insane" is now a legal term. A nuerological illness described by doctors and psychiatrists to a jury may explain a person's reason and behavior. It however seldom excuses it. The most widely known rule in...
In order to be regarded as insanity defense, defendants are usually asked to prove their insanity as an affirmative defense, either by a predominance of evidence or, in other places, by clear and persuasive evidence. However, in a few United States jurisdictions, the insanity defense has been nullified. In those states such as Idaho, Montana, Utah and Kansas, evidence must be shown to demonstrate that their serious mental illness resulted in a lack of mens rea (guilty mind), an essential element of a criminal case. (Encyclopedia of Law & Society: American and Global Perspectives, chapter Insanity and
When someone commits a crime, he or she may use mental illness as a defense. This is called an insanity plea or insanity defense. What the insanity defense does is try to give the alleged perpetrator a fair trial. At least in extreme cases, society agrees with this principle. The problem is where do we draw the line. Under what circumstances is a person considered insane, and when are they not? The trouble with the insanity defense in recent years is the assumption that virtually all criminals have some sort of mental problem. One important point is that the crime itself, no matter how appalling, does not demonstrate insanity. Today, the insanity defense has become a major issue within the legal system. If the defendant is clearly out of touch with reality, the police and district attorney ordinarily agree to bypass the trial and let the defendant enter a mental hospital.
Insanity is a legal, not a medical definition. This makes mental illness and insanity correlate with each other, only some mental illnesses are consider as inanity. Insanity includes not only the mental, illness but also mental deficiencies. There are major problems in exactly how to apply a medical theory to legal matters. Every crime involves a physical and mental act and the non-physical cause of behavior. The mens rea is the mental element that would be required for a crime, if it is absent it excuses the criminal from criminal responsibility...
The Andrea Yates murder trial was one of the most highly publicized cases of 2001. Perplexing and complicated, it appealed to the public audience for various reasons. A mother methodically, drowns her five children in the family bathtub after her husband leaves for work. Was this an act of a cold calculating killer, or was this the act of a woman who lost touch with reality. Is this a case of medical neglect, and psychological dysfunctions, or is this a battle of ethics and deviant behavior exploiting medical and legal loop holes?
Depression is well known for its mental or emotional symptoms. Symptoms for depression include: persistently sad or unhappy mood, loss of interest or pleasure in previously enjoyable activities, difficulty concentrating, remembering, making decisions, anxiety, feelings of guilt, worthlessness, helplessness, and thoughts of death or dying. “People who have endured a major depressive episode describe the experience as a descent into t...
History shows that signs of mental illness and abnormal behavior have been documented as far back as the early Greeks however, it was not viewed the same as it is today. The mentally ill were previously referred to as mad, insane, lunatics, or maniacs. W.B. Maher and B.A. Maher (1985) note how many of the terms use had roots in old English words that meant emotionally deranged, hurt, unhealthy, or diseased. Although early explanations were not accurate, the characteristics of the mentally ill have remained the same and these characteristics are used to diagnose disorders to date. Cultural norms have always been used to assess and define abnormal behavior. Currently, we have a decent understanding of the correlates and influences of mental illness. Although we do not have complete knowledge, psychopathologists have better resources, technology, and overall research skills than those in ancient times.
"Major Depression (Clinical Depression) Symptoms, Treatments, and More." WebMD. WebMD, 03 Jan. 0000. Web. 10 Apr. 2012. .
After researching the insanity defense and all of its history my beliefs remain the same. One who does not know the difference between right and wrong should not be penalized for any wrong doing. This is only if it is proven by psychologist and scientist after many different tests that the person in fact cannot be held accountable for their actions, and cannot hold trial. If a person is sincere and does not have an idea of what just took place the person should be checked out and sent to get treatment; but if a person tried to get passed the law by acting as if they are mentally insane for the sake of not facing persecution that is wrong and they should get life or the death penalty. Hopefully this gives the information needed to decide if the insanity plea is fair or not.
Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime. The definition of abnormal will be reviewed in relationship to each defence. In order to identify how these three defences compare and contrast, it is first important to understand their definition and application. The appropriate defence will be used once the facts of the cases have been distinguished and they meet the legal tests. The legal test of insanity is set out in M’Naghten’s Case: “to establish a defence…of insanity it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong.” To be specific, the defect of reason arises when the defendant is incapable of exercising normal reasoning. The defect of reason requires instability in reasoning rather than a failure to exercise it at a time when exercise of reason is possible. In the case of R v Clarke, the defendant was clinically depressed and in a moment of absent-mindedness, stole items from a supermarket...