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...
The basis of insanity is upon M’Nagten Rules (1843) which set forward the principles of a defence when the “defendant had a defect of reason” or a “disease of the mind” and was not able to understand the nature of the act they did or did not know what they were doing was wrong. These three conditions must be proved for the defence of insanity to become available. Insanity is available for the all cases that require mens rea except for strict liability cases.
At first Patty Hearst refused the fact that she was being both physically and psychologically abused by the SLA group. She announced the fact that she became part of the SLA group in her free will. The journalist Paul Krassner had an interview with Patty Hearst before Patty Hearst was captured by the FBI. Patty Hearst explained that she joined the SLA because she felt that the SLA could secure her freedom. She insisted that she was not being brainwashed; everything was only to find out who she really is.”She understood that she betrayed the society’s expectation on her ,but she does not regret any of it because she thinks she should not go against what she really is. She felt like the whole life before she became a part of SLA had been wasted.
The insanity defense has been around for a very long time, the idea behind it is that a person who is incapable of telling right from wrong should not be held responsible for his or her actions at the time. Insanity is different from youth, and mental retardation in the fact that the person is capable on a regular basis of understanding right from wrong. The insanity defense is not something that can just be used at will, and instantly believed. Insanity must be proven beyond a reasonable doubt that at the time the crime was committed, the offender was incapable of discerning right from wrong.
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...
Patty Hearst was a normal 19 year old girl, living in an apartment with her fiance and attending university in Berkeley, California, until one day her life, and the lives of everyone around her changed forever. On the evening of February 4, 1974, some members of the left-wing radical group called the Symbionese Liberation Army barged into Hearst’s home armed with guns, and beat up her fiance before kidnapping Hearst and bringing her to their house where she was kept blindfolded in a closet for 59 days. While locked in the closet, Patty Hearst was verbally and sexually abused and she was denied the use of even a toilet or toothbrush if she didn’t tell them that she agreed with the group’s ideas and beliefs. It is believed that while being locked in the closet like this, Patty was being brainwashed by the SLA and that she may have even developed Stockholm Syndrome, a condition in which a person who was kidnapped starts to empathise with their captor, and even starts defending them. This is how the Symbionese Liberation Army convinced Patty Hearst to join their group. They released an audio tape to the public in which Patty Hearst said she was changing her name to Tania and that she had decided to join the SLA. She then helped the SLA rob a bank and steal an ammunition belt from a sports store. After this, she started travelling around the country with two members of the SLA named John and Emily Harris, to try avoid being captured by the police. During this time, the police found a house where some members of the SLA were hiding out. Attempts to make the SLA members surrender ended up in a massive gunfight, ultimately ending up in the deaths of 6 SLA members. The FBI eventually found and arrested Patty Hearst on September 18, 1975. T...
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.
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
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.