This woman will be locked up, but in a maximum security psychiatric facility not a prison. Is this just? Is this fair? It may be. What if this woman did not know that the child was what she was stabbing? What if she saw a dog that was attacking her, or maybe she was even farther removed from reality. This is the difficulty with criminal insanity cases. Sometimes, even if the person is mentally ill a murder is a murder; theft is theft. Should criminal insanity be a useable defense in Canadian court systems?
Through the history there have been three basic definitions of legal insanity. First was the M'Naghten Rule. This rule stated that a person was only considered legally insane if they were "incapable of appreciating his surroundings"(Montaldo, 2010) due to a mental illness. This is a quite strict definition without much room for special cases. It caused a “black and white” view of criminal insanity cases. The M'Naghten Rule lasted until the 1950s when in the Durham v. United States case the court ruled that "would not have committed the criminal act but for the existence of a mental disease or defect."(Montaldo, 2010) the Durham method got a lot of criticism because it was very lenient on the definition of criminal insanity so that it almost depended on the judge to decide if the person was to be considered criminally insane or not. To address this problem a third method was created by the American Law Institute and was published as part of the Model Penal Code. The Model Penal Code provided a standardized idea of crimina...
... middle of paper ...
...us reus. Retrieved from http://www.answers.com/topic/actus-reus
Burns, K. (2008, May 16). Criminal insanity . Retrieved from http://karisable.com/crmh.htm
Dryden-Edwards, MD, R. (2010). Schizophrenia. Retrieved from http://www.medicinenet.com/schizophrenia/page3.htm
Farlex, . (2010). Insanity defense. Retrieved from http://legal-dictionary.thefreedictionary.com/Criminal+insanity
Findlaw, . (2010). The insanity defense: history and background .. Retrieved from http://criminal.findlaw.com/crimes/more-criminal-topics/insanity-defense/insanity-defense-background.html
Juri, C. (2009, January 06). Judge accepts insanity defense from babysitter in irvington child's slaying. Retrieved from http://www.nj.com/news/index.ssf/2009/01/a_judges_ruling_today_that.html
Montaldo, C. (2010). The insanity defense. Retrieved from http://crime.about.com/od/issues/a/insanity.htm
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Good and Evil Test The Insanity Plea has been around for more years than anyone can imagine. The history of the plea can be dated back as far as 1772 B.C. in Hammurabi’s code. During the times of, the Empire of Rome called people who were convicted to be "non-compos mentis". Non-compos mentis means "without mastery of mind and not guilty for their criminal actions". (Borum & Fulero, 1999) There had begun a feud over what to call this before "insanity plea". At the beginning this had been known as the "Good and Evil Test", then developed its name to becoming "Wild Beast Test in 1724.... [tags: good and evil test, insanity plea]
1240 words (3.5 pages)
- “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.... [tags: insanity, crime, defendant]
2413 words (6.9 pages)
- ... TREPANATION 20th century 3. ROTATIONAL THERAPY 4. MESMERISM (1734-1815) 5. LOBOTOMY 6. Electroconvulsive therapy 7.restraint 8. Strong drugs 9. Shock water treatment 10. Bleeding 11. Blistering salves. Such treatments often left patients severely damaged and not being able to function in society. New psychiatric drugs were developed in the 1950s, there was a new-found belief that people in mental institutions could be rehabilitated. Our current day treatments are rehabilitation hospitals, counseling, and medications.... [tags: symptoms of insanity, crime, trial]
915 words (2.6 pages)
- Most court cases end in one of the following two ways: Guilty or Not Guilty. In addition to these simple verdicts, information is sometimes provided as to why the jury came to its conclusion. Such is the case for Not guilty by Reason of Insanity (NGRI). While the first two scenarios are simple and fair, the last choice has raised more than a few eyebrows over time. Many believe that the Insanity Plea is a simple way to get a high-stakes criminal off the hook, though many would also disagree and say that the Insanity Plea is a justifiable resolution to court cases.... [tags: court cases, jury, insanity defense]
1204 words (3.4 pages)
- Having a positive mindset often leads to positivity. Likewise, having a negative mindset almost always leads to negativity. However, negativity tends to weigh a person down even more, with greater negative factors. Negativity leads to stress, depression, and in some cases mental issues. The woman in Charlotte Perkins Gilman’s, “The Yellow Wallpaper” supports this theory tremendously. Her diagnosis of her poor mental health wasn’t revealed, however, many details support that her insanity could have been prevented.... [tags: negative mindset, insanity]
562 words (1.6 pages)
- Sane for insanity. Often times, the Insanity Defense is viewed by the public as an excused for criminals who are trying to be free of a sentence in jail.That may be the case for a small portion of the time, but that rarely works. It does not matter what the defendants mental ability is at the moment of a trial. The jurors focus on the mental capability at the moment the defendant committed the crime. There are several tests that are looked at in trying to find what the cause was for all of the commotion by the defendant in the committed crime to discover the level of their mental illness, or if there is an illness at all.... [tags: insanity defense, excuse for criminals]
1223 words (3.5 pages)
- Insanity by definition is a deranged state of the mind usually occurring as a specific disorder. Although the definition of insanity has always been argued, this definition is broad enough to be accepted. A famous quote about the insanity definition is, “Insanity: doing the same thing over and over again and expecting different results.” - Albert Einstein (brainyquote.com). This however is incorrect. Insanity is not a diagnoses unlike what some people believe. It is mostly a legal term that is used in court to defend those who commit a crime and don’t know that their actions weren’t socially acceptable.... [tags: mental illness, insanity]
714 words (2 pages)
- In Shakespeare’s play, Hamlet, insanity is defined as an illness or disease that sends the mind into sheer madness. This “disease” deprives the mind of reason and awareness, creating a human being of complete disorder. “A common notion of insanity is that those laboring under it are very violent or very suicidal or talking nonsense” (Kellogg). Kellogg states the actions of those affected by insanity; he provides clear knowledge of behavior associated with an individual that has been introduced to madness.... [tags: Shakespeare, Hamlet, insanity]
1023 words (2.9 pages)
- The media effects coupled with predisposers, precipitants and facilitators can have dire consequences on their own, but the last subject for mass murderer that demands attention is mental illness. In order to distinguish between the various kinds of mental illness and criminal culpability, this paper will analyze the criteria for ‘insanity’ developed by Cohen and Coffin. The victim is innocent and there is no reasonable way the perpetrator should consider them an enemy. The motive is unintelligible, delusional, unrealistic, and inappropriate for the nature of the murder.... [tags: serial killers, mass murders, insanity]
964 words (2.8 pages)
- 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.... [tags: A Crime Of Insanity]
2529 words (7.2 pages)