Introduction
1. The concept of insanity and its possible use as a defence in the negation of criminal liability first appeared in R v Arnold. Tracy J put forward that if an offender is "totally deprived" of their "understanding and memory", then they should never be subject to punishment. The notion of criminal insanity was further developed in R v Hadfield. This case lead to The Criminal Lunatics Act 1800 being passed; to allow for the detention of insane individuals.
2. This report will concern itself, however, with the current law and it's efficacy for dealing with the 'insane'. At present, the definition of the insanity defence is found in the 'M'Naghten Rules'. To establish a defence of insanity,
"...it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong."
It lies with the defendant to prove that on the balance of probabilities that they fall within the confines of the test, and are thus insane. If proven, the individual is found 'not guilty by reason of insanity' (NGRI) and is at the 'disposal' of the court, meaning they can be discharged, given a supervision order or detained within a psychiatric institution.
3. The 'M'Naghten Rules' on insanity have various shortcomings. Firstly, it is not clear whether the insanity defence available to all defendants. Secondly, the current law is, in various ways, incompatible with modern psychiatric and medical understanding. Additionally, describing a defendant as 'insane' is outdated and offensive. ...
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...d, 2009) 94-95
Law Commission, 'Criminal Liability: Insanity and Automatism', (Discussion Paper) paras 1.52-1.62 ibid para 1.62
Law Commission, 'Criminal Liability: Insanity and Automatism', (Discussion Paper) para 1.61, citing/referring to; N Sartorius, “Stigma of Mental Illness: A Global View” in L B Cottler (ed), 'Mental Health in Public Health: the Next 100 Years' (2011) p 213-222 & H Schulze, 'Reducing the Stigma of Mental Illness: A Report from a Global Programme of the World Psychiatric Association' (2005)
Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended) (ECHR), Art 5(1)(e)
Winterwerp v The Netherlands (1979) 2 E.H.R.R. 387 ibid Criminal Procedure (Insanity and Unfitness to Plead) Act 1991, Orders for Admission to Hospital
Domestic Violence, Crime and Victims Act 2004, s24
Corrigan, Watson and Ottati (2003) argue this strong stigma has legitimized a historically inequitable system of treatment for those with mental illness. As far back as the Middle Ages, the mentally ill were sent to prisons because they were perceived as dangerous. Beginning in the 19th century, they were transitioned to asylums and hospitals due to the widely held belief that they were not only dangerous, but also i...
The stigma and negative associations that go with mental illness have been around as long as mental illness itself has been recognized. As society has advanced, little changes have been made to the deep-rooted ideas that go along with psychological disorders. It is clearly seen throughout history that people with mental illness are discriminated against, cast out of society, and deemed “damaged”. They are unable to escape the stigma that goes along with their illness, and are often left to defend themselves in a world that is not accepting of differences in people. Society needs to realize what it is doing, and how it is affecting these people who are affected with mental illness.
This stereotype contributes to the stigma individuals’ face and encourages social exclusion and intolerance, especially in schizophrenia (Ray & Brooks Dollar, 2014). Ken sought out help and went to the emergency room because he recognized he was severely depressed. There, the doctor promised he would not be put in restraints, yet when he was taken to the hospital, he was placed in restraints because it was company policy (Steele & Berman, 2001). Due the stigma that individuals with mental illness are violent, Ken was not treated fairly (Stuart & Arboleda-Florez, 2012). Stuart and Arboleda-Florez (2012) are very credible authors to be writing on the effects of stigma in mental health. Both authors have experience in psychiatry, combatting stigma and mental health issues.
European convention on Human Rights and Fundamental Freedoms 1950- This is the European file connecting to human rights; in European Union this is signed by every government as well as the UK. This has been made to protect the human rights and how it’s made is that it helps for the important freedoms in the European countries.
... One of the reasons for such controversy surrounding the defense is the diverse morphological wording of insanity pertaining to criminal law and mental health. Due to many discrepancies in the insanity defense, many states have abolished the defense altogether. Furthermore, the states that have abolished the defense have implemented firmer criteria to apply or prove the defense, about one-fourth of the states have established a separate verdict of ‘Guilty but Mentally Ill’. This is used as an alternative (not instead of) the insanity defense,” (Torry and Billick, 2010.)
In 1941, two brothers sat in court smashing their heads on the desks until they bled, barking like dogs, and crying sporadically. They weren’t insane, but that was exactly what the men wanted the jury to think. Anthony and William Esposito were being charged for robbing a payroll truck and shooting someone in the process. The jury was still skeptical until, ten months before the sentence, the Esposito brothers began to refuse any and all food they were offered. Almost a year later, the men were taken, in their almost dead state, to the electric chair and were executed. This is only one of the many examples of the insanity defense being abused. In this case, the criminals did not succeed in getting out of punishment, but there have been many successful cases that are being questioned too late. Although the insanity plea is important to those who have medical record of a psychological disorder, our “perfect” law needs to fine-tune the defense to prevent people from using it to escape going to jail or being executed.
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.
Former U.S president Ronald Reagan was shot by a man named John Hinckley in the year 1981. The president along with many of his entourage survived the shooting despite the heavy infliction of internal and external injuries. The Hinckley case is a classic example of the 'not guilty by reason of insanity' case (NGRI). The criminal justice system under which all men and women are tried holds a concept called mens rea, a Latin phrase that means "state of mind". According to this concept, Hinckley committed his crime oblivious of the wrongfulness of his action. A mentally challenged person, including one with mental retardation, who cannot distinguish between right and wrong is protected and exempted by the court of law from being unfairly punished for his/her crime. (1)
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.
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.
Andrea Yates being escorted into a police station after the drowning of her five children.
The insanity plea is not just another way to get out of trouble. There are many times when there are mentally insane people who get charged for their wrong doings and they should not have been. If a person can be proven mentally ill, it means that they should not be held to the same standards as someone with guilty intent. The insanity plea is used for people who have been determined mentally ill by the government and have certain, proven, illnesses that get them defended under the insanity defense.
In the article Issues and Controversies says, "Throughout most of human history, people with mental illness were ostracized, isolated, and persecuted." ( Infobase,1) This belief system can give causation of mental illness in different cultures and such influences in a community will always be in a negative manner. Various societies struggle with the notion of mental health. The standards of every culture believe to be considered normal, natural, or healthy. These views lead to disagreements about the causes, diagnosis, and the treatment of the disorders. Many people with mental problems are discriminated against because of their mental disorder. Mental illness and stigma refers to the view of the person with mental illness as having undesirable traits. Stigma leads to negative behavior, stereotyping, and discriminatory behavior towards the person with mental health issues. This stigma causes the affected person to experience denial or shame of their condition. Perceived stigma can result in the patient being scared to seek help. Stigma can be divided into two perspectives, public and self stigma. Upadhyay says, "Public stigma occurs when the general
There are many ways in which the mentally ill are degraded and shamed. Most commonly, people are stated to be “depressed” rather than someone who “has depression”. It is a common perception that mental illnesses are not a priority when it comes to Government spending just as it is forgotten that most mental health disorders can be treated and lead a normal life if treatment is successful. The effect of this makes a sufferer feels embarrassed and feel dehumanized. A common perception is that they should be feared or looked down upon for something they have not caused. People experience stigma as a barrier that can affect nearly every aspect of life—limiting opportunities for employment, housing and education, causing the loss of family ...
Mass media “references to people with mental health problems found more than four in ten articles in the press used derogatory terms about mental health and nearly half of press coverage related mental illness to violence and crime” (Esseler, 244). This is causing for people to look down upon the mention of mental illnesses and many times ignore the importance of confronting this issue. Therefore the importance of removing this stigmatization is crucial. Education allows to make more informed decisions and then changing the perception of mental illness can lead towards policy changes toward the improvement of mental health (Sakellari,