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...
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..., & Svenson, O. (2008). Evidence of gender bias in legal insanity evaluations: A case vignette study of clinicians, judges and students. Nordic Journal Of Psychiatry, 62(4), 273-278.
Yourstone, J., Lindholm, T., Grann, M., & Fazel, S. (2009). Gender differences in diagnoses of mentally disordered offenders.The International Journal Of Forensic Mental Health, 8(3), 172-177.
Zonana, H. V., Wells, J. A., Getz, M. A., & Buchanan, J. A. (1990). The NGRI Registry: Initial analyses of data collected on Connecticut insanity acquittees: I. Bulletin Of The American Academy Of Psychiatry & The Law, 18(2), 115-128.
Zonana, H. V., Bartel, R. L., Wells, J. A., & Buchanan, J. A. (1990). Sex differences in persons found not guilty by reason of insanity: Analysis of data from the Connecticut NGRI Registry: II. Bulletin Of The American Academy Of Psychiatry & The Law,18(2), 129-142.
Lamb, H. R. (2004). Mentally ill persons in the criminal justice system: Some perspectives. Psychiatric Quarterly, 108-126.
Mental health and the criminal justice system have long been intertwined. Analyzing and understanding the links between these two subjects demands for a person to go in to depth in the fields of criminology, sociology, psychology, and psychiatry, because there are many points of view on whether or not a person’s criminal behavior is due to their mental health. Some believe that an unstable mental state of mind can highly influence a person’s decision of committing criminal actions. Others believe that mental health and crime are not related and that linking them together is a form of discrimination because it insinuates that those in our society that suffer from poor mental health are most likely to become a criminal due to their misunderstood behavior not being considered a normality in society. In this report I will go into detail of what mental health and mental illness is, what the differentiates a normal and a mentally unstable criminal, give examples of criminal cases where the defendant’s state of mind was brought up, introduce theories surrounding why one would commit crimes due to their mental health, and lastly I will discuss how the criminal justice system has been modified to accommodate mental health issues.
The rate of women’s conviction is on the rise (Van Wormer, Bartollas). The increase of incarceration is outdoing the conviction of the men (Van Wormer, Bartollas). Female defendants found guilty of felonies in State courts has more than doubled the proportion of male offenders since 1990 (Greenfeld, Snell). Male offenders are estimated to commit about one violent offense for every nine males; the estimation is six times that of women (Greenfeld, Snell). Women are held accountable for about 2.1 violent offenses (Greenfeld, Snell).
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...
In order to demonstrate that equal outcomes for women do require different approaches within the criminal justice system, this essay intends to look at the behavioural and situational differences between female and male offenders. It will highlight the inadequate facilities available for female prisoners. It will also look at the historical differences between crimes committed by males and females and the growing trend of women involvement in drug offences. This essay will also examine the status of mental health of women within the criminal justice system and explore if this issue is more prevalent amongst female offenders.
Thorrey, Fuller E. The Insanity Offense. New York: W.W. Norton and Company Inc, 2008. Print.
Lamb, H. Richard., Weinberger, Linda E., & Gross, Bruce H. (2004). Mentally ill persons in the criminal justice system: Some Perspectives. Psychiatric Quarterly 75(2): 107-126.
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...
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.
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.
Andel, R., Becker, M., Boaz, T., & Constantine, R. (2011). Gender Differences and Risk of Arrest Among Offenders with Serious Mental Illness. Journal Of Behavioral Health Services & Research, 38(1), 16-28. doi:10.1007/s11414-010-9217-8
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.
It is apparent that insanity, automatism and diminished responsibility share similarities and differences in their range of application and in definition. Insanity and automatism are most similar in that they both are full defences (with different outcomes) which exist when a defendant does not have the necessary actus reus or mens rea, whereas diminished responsibility is a partial defence which only applies to murder. The source of the defendant’s mental abnormality is the greatest point of distinction between all of the defences. Whether the abnormality is internal, external or a diagnosed medical condition will play a significant role in which defence can be used. As defences they are all used for a similar reason, and that is to eliminate or reduce liability for criminal offences.