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Arguments against the insanity plea
Arguments against insanity plea
Essays on insanity pleading
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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.
The Good and Evil Test, originates from the bible and religious concepts and beliefs. The way that the test worked was simple if he or she knew the difference between good and evil they were found innocent and if one did know the difference they would be convicted ad guilty and punished for their crimes. This seems as simple and was because there were no psychologists to actually perform essentially to determine that the suspect was lying or telling the truth. The test for good and evil stood for many years.
The Wild Beast Test
During the 1700s there had been a development from Good and Evil Test and progressed to "Wild Beast Test". In 1724 the British case, Rex vs. Arnold he judge ruled that the defendant to be acquitted by reason of insanity because he did not know what he was doing, and was doing no more than a wild beast would do. The defendants who were not guilty by reason of insanity were able to go scotch free as one might say. This was an insane decision to let this action take place. They should have just been given a lesser sentence or placed somewhere to get help for what they had done.
In the 1800s there had been change in the insa...
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...nfuse them and possibly hurt people in the world.
Works Cited
Eastman, N. (2006, November). http://apt.rcpsych.org/content/12/6/450.full. . Retrieved from http://apt.rcpsych.org/content/12/6/450.full. .
Garofolo, A. (2008, May). http://historyforensicpsych.umwblogs.org/the-insanity-defense-outline-by-andrew-garofolo/early-implications-of-the-insanity-defense/. Retrieved from http://historyforensicpsych.umwblogs.org/the-insanity-defense-outline-by-andrew-garofolo/early-implications-of-the-insanity-defense/.
Horne, C. (1995, July). http://www.fordham.edu/halsall/ancient/hamcode.asp. Retrieved from http://www.fordham.edu/halsall/ancient/hamcode.asp.
Yoong, G. (2012, January). http://listverse.com/2012/04/11/top-10-most-notorious-insanity-defense-cases/. Retrieved from http://listverse.com/2012/04/11/top-10-most-notorious-insanity-defense-cases/.
We as people have always searched for a code of morals and conduct. It is what has held empires, nations, and families from falling into chaos. This is what the code of Hammurabi and the law of Moses instituted in maintaining order. Both laws have a strong foundation and way of promoting justice that rivals many systems today in regards to effectiveness. Many of the laws given were later used in future governments. There are many similarities and differences between these documents, and this analysis will share some of the those. These two documents provide rich resources and were made for two specific peoples because of women’s rights found in the code, the consequences of actions when violating code, and the vision of the laws created.
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.
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
Throughout the world, people consider The Code of Hammurabi one of the most important codes of law ever recorded in the history of the world based on what it tells us about the history of early Babylon. The code gives people a way to see not only how the society of Babylon developed early on but also how other civilizations were developing complex societies, which were similar to the Babylonians. However, the code also shows us how the role of written documents and writing is effectively portrayed in Hammurabi’s laws. This is effectively observed by analyzing what types of documents the code provides evidence for, what are situations and reasons in which Babylonians used writing, and if writing is the only acceptable form of proof. The Code of Hammurabi is one of the most important codes ever recorded because it shows us evidence of early principles of justice, which provide proof for early legal documentation; gives us observable, physical proof of the Babylonian beliefs for future people to witness; and shows us how written works are the only acceptable form of proof because of the historical accuracy of the work.
How is that even possible? The dictionary definition of the word insanity is the state of being seriously, mentally ill (“Definition of the Word Insanity”). Insanity is also classified as a medical diagnosis. Insanity came from the Latin word insanitatem (“History of the Word Insanity”). People started using this word in the 1580’s. The Latins interpreted insanity as unhealthy Modern day society uses the word insanity too loosely. Although the dictionary definition of insanity is not wrong, several cases that prove having “insanity” does not always mean “being seriously mentally ill” has came to surface.
Hi everyone! My name is Tom and today I'll be talking about the Code of Hammurabi. Imagine what it would be like if we didn't have any laws. If people did just as they pleased without any regard for others, life would probably get pretty chaotic. Law is one of society's most basic and necessary institutions. It establishes a person’s duties and obligations. The law also sets penalties for those who violate the rules. It helps teach us right from wrong. One of the earliest known written set of laws was composed by Hammurabi. Today my speech will cover who Hammurabi was, what his codes were, examine some of his most important and influential laws, and finally I'll discuss the significance it had moving forward.
The four types of insanity are the right-wrong test, irresistible impulses test, product test, and substantial capacity test. The right-wrong test is also known as the McNaughtan rule and it is the oldest rule that is used in twenty-eight states along with the federal courts. When it comes to this test there are two elements. The first element is the defendant suffered a defect of reason that was caused by a disease in the mind. Secondly, did they know at the time of that act the nature and quality of the act or that the act was
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
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...
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.
This may surprise you but the meaning of justice and punishments for not following the law do not change over time. Started in 3,500 B.C.E., the Babylonian empire was part of Mesopotamia after the Akkadian empire. One of their kings, Hammurabi, came to power 4,000 years ago. Today we know him best because he wrote a set of laws called Hammurabi's Code of Laws. We know that he is famous today for his set of laws that he wrote at around 1754 B.C.E, but not a lot of us know if Hammurabi's Code of Laws was fair so the question is: Was Hammurabi's set of laws fair to all the people of his empire? Fair means reasonable to everyone. Hammurabi's Code of Laws was fair to everyone in his empire because three sections of his Code of Laws proves that all of his laws were unbiased.
... or by giving them written tests. Some psychiatrists call mental diseases a myth. The insanity defense would require both a mental disease and a relationship between the illness and the criminal behavior, neither of which could be scientifically proven. Of the criminals both acquitted and convicted using the insanity defense, a good number have shown conclusive evidence of recidivism. Many dangerous persons are allowed to return to the streets and many non-dangerous persons are forced into facilities due to an insanity plea adding further confusion and injustice within both the legal and medical systems. The insanity defense is impossible to maintain on the foundation of rules such as the M'Naghten Rule, and the relationship between law and psychiatry must be reinstated on a more scientific level, based on the neurological work now going on in the brain sciences.
evidence and the right of a condemned man to ask for testing.("A.B. Butler").He was exonerated by
The lines that define good and evil are not written in black and white; these lines tend to blur allowing good and evil to intermingle with each another in a single human being.
The Classical School of criminology was founded by "European legal authorities that thought crime was caused by supernatural forces" (DeKeseredy & Schwartz, 1996, p.155) preceding the 1700's. The catch phrase "The devil made him do it" was very popular because of the thought that people who committed crimes were sinners or people who didn't follow God. Those who didn't follow God were known as heretics and this following led to the connection of church and state where torture or execution could happen to anyone that the government thought to be evil or a part of witchcraft. Since the Middle Ages didn't have equal rights for all, women and the poor were usually the ones being prosecuted. With all of the problems of the times, the government found and made scapegoats out of these people, and blamed them of the troubles that were occurring. As DeKeseredy and Schwartz (1996, p.156) stated, "the most common way of determining guilt was through torture. It was a simple system: if you confessed, you were executed: is you did not confess, the torture continued until you died." This system of killing people was a well-respected way of running the criminal justice system. As time passed, the punishments turned away from inflicting pain on the body and turned more towards inflicting pain on the soul. This meant that imprisonment of long periods of time was going to take place of executions.