A person can be charged with a crime they committed but argue they are not responsible for their actions because of a mental illness. This would be pleading not guilty by reason of insanity. Using an insanity defense is classified as an excuse defense. Under this classification, the action committed by a defendant was impermissible, however, is excused because of a prevailing condition, here insanity (Francone, 2016). There are different classifications of pleading insanity. Pleading not guilty by reason of insanity and pleading a diminished capacity is different. For example, when pleading reason of insanity, the person is essentially pleading not guilty and is a full defense to a crime. On the other hand, pleading diminished capacity is pleading down to a …show more content…
She was charged with malicious wounding in 1993 (Gardner, Anderson, 2015, p. 122). Mrs. Bobbitt testified to numerous rapes, beatings, and sodomizing by her husband (Gardner, Anderson, 2015 p. 122). She claimed one night her husband became drunk. While he was intoxicated, he ripped off her clothes, and raped her. After the attack, she claimed her mind went blank and only later did she realize she sexually mutilated her husband by cutting off his penis and threw it in a field. A Virginia jury found Mrs. Bobbitt not guilty under Virginia’s insanity test. This test holds the defendant blameless for their actions even if he or she knows the act is wrong because their mind has become so impaired by disease and totally deprived of mental power to control or restrain their act (Gardner, Anderson, 2015, p. 122). Battered woman syndrome is rarely been used successfully raised as a mental disease. Surprisingly, Mrs. Bobbitt was found not guilty for reasons under Virginia’s insanity test. Her sentence was four weeks in a mental hospital where she was released on the condition she enter therapy. Battered women are often not successful in using an insanity
First I would like to address the definition of Battered Woman Syndrome. Battered Woman Syndrome (BWS) is a condition often used by the defense in cases like this one to relieve the defendant of some or
The concept of family violence, tied in with mental illness is highly contentious and arguable. When reading about the Luke Batty case, I was firstly shocked and later confused. The whole situation is terrible and I feel remorse for everyone who was affected, especially Rosie. On the surface this case appears to be black and white, however when you dig deeper there’s a lot more to it.
In conclusion, competency, sanity and diminished capacity differ in several ways, despite the fact that, they all involve mental health. Psychologists determine the competency level of a defendant. Legislators and judges determine the sanity of a defendant. Diminished capacity deals with mental health of the defendant at the time of committing the offence. The judge and legislators determine diminished capacity. The behaviors that john smith showed in jail, at the court and during the evaluation render him incompetent.
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.
Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these individuals into disagreement with the law, particularly when they murder their violent partners. The Battered woman syndrome (BWS) was created by clinical psychologist (1970’s) with an intention of depicting the series of occurrences that physically abused women frequently experience in their relationships.
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.
In her 1979 book "The Battered Woman", Dr. Lenore Walker first came up with what is now known as battered woman syndrome. Put simply, battered woman syndrome, or BWS as it is sometimes called, is a group of psychological symptoms that are easily recognized in women who have been physically, sexually, or psychologically assaulted by their domestic partner. According to Dr. Walker, "Battered woman syndrome presents evidence that the syndrome is part of a recognizable pattern of psychological symptoms called post-traumatic stress disorder (PTSD) reported to be produced by repeated exposure to trauma such as the physical, sexual, and/or serious psychological assault experienced by battered women" (Gelles 133). Because battered woman syndrome is considered to be in the same category as PTSD, it does not have its own classification in the Diagnostic and Statistical Manual of Mental Disorders third edition, also known as the DSM-III.
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
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)
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.”
Crime can be described combination between both behavior and mental factors. This will prove incredibly crucial in the definition of crime in relation to mental illness. Many of those that commit crimes are not convicted due to their illness so it is important to note, for the purpose of this analysis, that all illegal activity is considered crime, regardless of conviction (Monahan and Steadman 1983).
There are many cases where self- defense has been used as a plea where the victim felt they were in harms’ way or unable to escape a specific situation that ended badly. The definition for self- defense is: 1. Defense of oneself when physically attacked 2. Defense of what belongs to oneself, as ones work or reputation 3. (Law) the right to protect oneself against violence or threatened violence with whatever force or means reasonable or necessary. According to an expert on battered women, a woman must experience at least two complete battering cycles before being labeled a battered woman. (Walker) According to Dowd, “he believes the proper use of BWS assists the fact finder to understand the state of mind of the battered woman at the time she fought back against her abuser.”(1) Women should be able to use BWS as a plea when habitual abuse occurs within a relationship with a significant other and results in violence or worse death.
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 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.