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. On the other hand, if the defendant has no serious signs of mental illness, the defense attorneys will not attempt an insanity defense. This is because they know that juries are reluctant to accept it. Basically, the only way for a lawyer to prove his client’s insanity is to try to project what his client was thinking (or not thinking) at the time that the crime was committed. This is usually done by enlisting the testimonies of a psychologists or psychiatrists, who are known as “expert witnesses.” Both legal and mental health professionals have long struggled to establish a clear and acceptable definition of insanity. Insanity is a legal term, not a psychological or medical one. The Sarasons prefer to use the term “maladaptive behavior” instead of insane or insanity. Maladaptive behavior is, “behavior that deals inadequately with a situation, especially one that is stressful” (5). Adaptation is the way people balance what they do and want to do, and what the environment/community requires of them. Successful adaptation depends on a person’s stress (situations that impose demands on him or her), vulnerability (likelihood of a maladaptive response), and coping skills (techniques that help him or her deal with difficulties/stress) (5). Consider the recent school shootings as an example. Students who are teased and bullied are experiencing stress. Some students have low vulnerability and choose to talk about the situation with a parent or teacher, which is a good coping strategy.
The Insanity Plea is a book about the Uses & Abuses of the Insanity Defense in
Many criminals find many ways to get out of jail or being sentenced to death, what goes through their minds? Pleading insanity means to not be guilty of a crime committed due to reason of mental illness. In many cases criminals get away with pleading insanity, but in the end does it always work out? Bruco Eastwood pleaded insanity and therefore his background, crime, and where he is now will be crucial to Brucos’ insanity plea.
Interest and debate have greatly increased over the Not Guilty by Reason of Insanity (NGRI) plea since the 1970s. The legal definition of insanity as understood by Dunn, Cowan, and Downs (2006) is, “a person is thought insane if he or she is incapable of knowing or understanding the nature and quality of his or her act of distinguishing right from wrong at the time of the commission of the offense.” There are several investigations needed in the area of NGRIs plea, especially in the area of gender. Research on gender is needed because of its potential to influence the presentation and formation of the rule of law. Throughout many cultures the general assumption is that men are significantly more aggressive than women, whereas women often are characterized by passive and communal traits (Yourstone, 2007 ). Public opinion on insanity cases is often viewed negatively. Furthermore, the public often believe that insanity defendants go free after they are found NGRI. However, according to Dunn et al., (2006), “the NGRI sits at the low end of the ultimate outcome measure, whereas the death penalty sits at the high end.” The public in general view a mentally ill person as dangerous. The main reason for this is the media’s inaccurate perceptions of the mentally ill as violent (Breheney, 2007). Another problem is the public generally overestimates the insanity defense success rate. According to Breheney et al., (2007), “There are nine insanity pleas for every 1,000 felony cases of which 26% (about two) are successful.” However, the argument has been that insanity defenses are used as a means of escaping severe penalties in the most serious of crimes. Several questions arise from this topic in both psychology and law. It is important f...
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.
“Not guilty by reason of insanity” (NGRI) has often perplexed even the most stringent of legal and psychiatric professionals for centuries. Moreover, it has transcended into the pop culture, as a “loophole”for the criminal society. However, the insanity defense is only used in less than 1% of criminal cases, and used successfully in only 10-25% of those cases (Torry and Billick, 2010). In order to successfully be acquitted by reason of insanity, the legal team, paired with psychiatric professionals, must prove that the defendant is not legally responsible for the crime, despite the evidence that they executed the crime. They must also prove that the defendant, was or is currently suffering from a mental disorder, and that the defendant have/had a impaired logical control of their actions (Smith, 2011). According to Torry and Billick (2010), “A criminal act must have two components: evil intent (mens rea, literally “guilt mind”) and action (actus reus, literally “guilty act”)” (p.225), thus the defendant must prove that he/she did not have “mens rea” or “actus reus.” Equally important to note, the act itself must be voluntary and conscious. The the majority of the psychological and judicial court system have a reluctance to hold defendants who lack the capability needed to understand “right from wrong” (Torry and Billick, 2010). It has been proven that over the course of many years, the NGRI have been difficult to apply. During the early 1980’s, many states modernized their NGRI defense and even abolished the defense altogether. Instead of allowing the the “not guilty by reason of insanity” defense, many states have established a verdict of “guilty but mentally ill” (GBMI) (Smith, 2011). In order to make sure that individuals w...
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...
Richard Bonnie, a Professor of law and psychiatry, leans on yes -- insanity should indeed exist as a legal defense for criminals. However, his stance on the matter focuses more on a modified variation of the existing defense used in the courts, as the defense maneuver is crucial in maintaining moral integrity of criminal law (Bonnie, 1982, p. 308). He begins with a suggestion to consider the case of John Hinckley. While hearing his argument for the insanity defense, it is mentioned how the media takes on many cases, such as Hinckley's own case, and coupled with a lack of disagreement among experts in the psychiatric field, the media has had a negative influence on the overall depiction of the defense's credibility. The idea of punishing criminals is focused upon the foundation that all humans are in full command of their faculties and should therefore be appropriately dealt with because of their own choice to engage in criminal behavior. The Hinckley case managed to open eyes to the most basic moral reasons behind the insanity defense in criminal law (Bonnie, 1982, p. 308). Bonnie asserts that while he is in strong opposition to the abolishment of the insanity defense, he does account for the fact that there can be certain cases in which this defense could be taken advantage of. It becomes necessary for the sake of preventing serious moral incidents from occurring, that the burden of presenting evidence attesting to the defendant's legal insanity at the time of criminal behavior should be left to the defendant themselves (Bonnie, 1982, p. 309). Following the morality issues regarding the application of the defense, there is also the matter of its necessity. If the defense was no longer in effect, the law would have no way of ackno...
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 the United States, trials in which a defendant pleads not guilty by reason of insanity represent 1% of all the criminal cases, and the defense is lawfully verified in only 25% of these cases (Giannetakis, 2011). The not guilty by reason of insanity plea, or NGRI, is a legal defense a defendant might use to argue that he or she was not guilty of a crime because of insanity (Butcher, Hooley, & Mineka, 2014). The effort to define insanity in a legal sense begins in 1843 and carries on until 1984. Starting with “The M’Naghten Rule” or the “knowing right from wrong” rule because people are presumed to be stable ,but it can be exposed that at the time of the act they were committing, they were struggling under such a flaw of reason (from disease of the mind) that they did not know the nature and quality of the act they were committing or, if they did know they were committing the act, they did not know that what they were doing was wrong (Butcher, et. al, 2014). Secondly there was the Irresistible Impulse Rule in 1887, which suggests that the defendants might not be accountable for their acts, even when they knew that what they were doing was wrong ( according to the M’Naghten rule)- if they had lost the control to choose from right and wrong. That is, they could not dodge doing the act in question because they were compelled beyond their will to commit the act. Moving on to 1954, Judge David Bazelon of the U.S. Court of Appeals, was not confident in the prior precedents permissible for an adequate submission of established scientific knowledge of mental illness ,and recommended a test that would be based on this knowledge. Under this rule, which is often referred to as the “product test” (Durham Rule), the accused is not illegitim...
What permits to distinguish the applicability of the defences of insanity rather than the automatism one is whether the factors which caused the disease are, in turn, internal or external.
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.
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
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.
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...
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.