In 1981, Hinckley was living in Evergreen when he unexpectedly became one of the most infamous figures in the United States. After a prolonged stay at the Golden Hours Motel on West Colfax, and regular meals at the McDonald 's across the street, Hinckley visited Washington, D.C., and on March 30 of the same year, he shot President Ronald Reagan as he was leaving the Hilton Hotel, where he had addressed a labor conference. At that time, Hinckley also attacked a Secret Service agent, a police officer, and Reagan 's press secretary, James Brady, who was severely wounded but survived to become the namesake of the Brady Campaign to Prevent Gun Violence. When he went to trial in 1982, Hinckley 's legal team asserted that he had been insane when he had opened fire. His attorney said that he had become obsessed with actress Jodie Foster, and specifically with her role as a child prostitute in the 1976 Martin Scorsese film Taxi Driver. The movie was about Travis Bickle (portrayed by Robert De Niro), who drew up a plan to assassinate a politician. Bickle did not do so at the end of the movie, …show more content…
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
Rule of Law: Insanity must be proven under some type of mental or emotional defect caused by disease.
If we asked most people about insanity the image of a person in a straight jacket, bouncing off padded walls would jump to mind. They might not admit it for fear of being politically incorrect, but the image is a general association with insanity. Yet, most people who suffer from insanity live every day to the fullest—in society. We lock away only those who we “believe” are clinically insane, and we lock sentence most of them without a chance at trial.
For those that don’t know, the insanity plea, as defined by Cornell Law, is based on the fact that a person accused of a crime can acknowledge that he/she committed the crime, but argue that he/she is not responsible for it because of his or her mental illness, by pleading “not guilty by reason of insanity”. This first became a problem in 1843. Daniel M’Naughten was trialed for shooting the secretary of the Prime Minister in attempt to assassinate the Prime Minister himself. It was said that M’Naughten thought the Prime Minister was the person behind all his personal and financial problems. The jury ruled him “not guilty by reason of insanity”. The reason for the verdict was M’Naughten...
When the United States adopted and interpreted the insanity, it did not account for trail cases such Jarrod Loughner’s. Where the defendant is insane but had also premeditated the crime. In addition to its ambiguous interpretations, there is a clear danger to society after the criminals are released from their hospitalization. Although, the criminals had served their time, the families of the victims are still without out closure knowing that the person that harmed their loved one escaped their proper consequences. The insanity plea was useful when it was first put into effect, but now its flaws are clear and apparent.
What is "insanity" and why is this subject of much controversy? Although I do not have a clear definition of insanity, most socially recognized authorities such as psychiatrists, medical doctors, and lawyers agree that it is a brain disease. However, in assuming it is a brain disease, should we link insanity with other brain diseases like strokes and Parkinsonism? Unlike the latter two, whose causes can be medically accounted for through a behavioral deficit such as paralysis, and weakness, how can one explain the behavior of crimes done by people like Hinckley? (2)
The film Sunset Boulevard, presented in 1950 is a black and white film. The film is about Norma Desmond an old actress, who has issues accepting that she is becoming old. The main actor in the film is Gloria Swanson, who plays Norma Desmond, an older woman who believes she is still young. Desmond is not content with the fact that Hollywood has replaced her with younger actresses. The next actor Nancy Olson, plays Betty Schaffer who falls in love with Gillis despite being engaged to his friend. The third actor is William Holden who plays as Joe Gillis, who has financial problems and decides to turn himself into a gigolo to earn money. The dilemma with Joe is he does not want Betty to know about his job because he knows he might lose Betty as
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.
The insanity defense pertains that the issue of the concept of insanity which defines the extent to which a person accused of crimes may be alleviated of criminal responsibility by reason of mental disease. “The term insanity routinely attracts widespread public attention that is far out of proportion to the defense’s impact on criminal justice” (Butler,133). The decision of this defense is solely determined by the trial judge and the jury. They determine if a criminal suffers from a mental illness. The final determination of a mental disease is solely on the jury who uses evidence and information drawn from an expert witness. The result of such a determination places the individual accused, either in a mental facility, incarcerated or released from all charges. Due to the aforementioned factors, there are many problems raised by the insanity defense. Some problems would be the actual possibility of determining mental illness, justify the placement of the judged “mentally ill” offenders and the total usefulness of such a defense. In all it is believed that the insanity defense should be an invalid defense and that it is useless and should potentially be completely abolished.
“There once was a time in this business when I had the eyes of the whole world! But that wasn't good enough for them, oh no! They had to have the ears of the whole world too. So they opened their big mouths and out came talk. Talk! TALK!” (Sunset Boulevard). The film Sunset Boulevard directed by Billy Wilder focuses on a struggling screen writer who is hired to rewrite a silent film star’s script leading to a dysfunctional and fatal relationship. Sunset Boulevard is heavily influenced by the history of cinema starting from the 1930s to 1950 when the film was released.
Insanity (legal sense): A person can be declared insane if they are conscious while committing the crime, committing the criminal act voluntarily, and had no intent to inflict harm. A person declared insane lacks rational intent due to a deficit or disorder, which inhibits their rational thinking
The film, Fruitvale Station, is based upon a true story of a young, unarmed African American male, Oscar, who was shot by a Caucasian BART police officer. The film displays the final twenty-fours of Oscar Grant’s lives going through his struggles, triumphs, and eager search to change his life around. There will be an analysis of the sociological aspects displayed throughout the movie that show racism, prejudice, and discrimination.
In his proposal “Severe Personality-Disordered Defendants and the Insanity Plea in the United States,” George Palermo, a forensic psychiatrist, presents his thesis for the insanity plea to be reversed back to its previous definition. People who had personality disorders that could cause them to become psychotic for even a brief moment used to be eligible to receive the verdict not guilty by reason of insanity, before the United States restricted it to only people affected by mental illnesses. A mental illness is a disorder such as schizophrenia or bipolar disorder, which can cause a person to be unable to determine whether an act is right or wrong. It d...
A genre is a type or category of film (or other work of art) that can be easily identified by specific elements of its plot, setting, mise en scène, character types, or style. (Goodykoontz, 2014) The gangster film is a sub-genre of the broader genre of crime film. A genre main objective is to classify the depiction of entertainment. The genre of my movie is a gangster film. My movie I chose was Scarface. Directed by Brian De Palma.An update of the 1932 film, Scarface (1983) follows gangster Tony Montana and his close friend Manny Ray from their trip on the Cuban Boat Lift for refugees to their arrival in Miami. (Scarface, 1983a)
A defence in criminal law arises when conditions exist to negate specific elements of the crime: the actus reus when actions are involuntary, the mens rea when the defendant is unaware of the significance of their conduct, or both. These defences will mitigate or eliminate liability for a criminal offence. Insanity, automatism and diminished responsibility are examples of such defenses. They each share characteristics but can be distinguished in their scope and application. Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime.
There are two theories that justify punishment: retributivism according to which punishment ensures that justice is done, and utilitarianism which justifies punishment because it prevents further harm being done. The essence of defences is that those who do not freely choose to commit an offence should not be punished, especially in those cases where the defendant's actions are involuntary. All three of these defences concern mental abnormalities. Diminished responsibility is a partial statutory defence and a partial excuse. Insanity and automatism are excuses and defences of failure of proof. While automatism and diminished responsibility can only be raised by the defendant, insanity can be raised by the defence or the prosecution. It can be raised by the prosecution when the defendant pleads diminished responsibility or automatism. The defendant may also appeal against the insanity verdict. With insanity and diminished responsibility, the burden of proof is on the defendant. With automatism the burden of proof is on the prosecution and they must negate an automatism claim beyond reasonable doubt.