Insanity Is Not Guilty By Reason Of Insanity Essay

Insanity Is Not Guilty By Reason Of Insanity Essay

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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...


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...ychology of the legal system. With these defendants who truly are mentally disturbed, I feel empathy for them because I do not entirely believe that it is their fault they are like that. A chemical imbalance could be present that causes these violent outrages and risky acts. However, for the ones who commit these wrongdoings should be punished in every possible way. I believe that NGRI should be eliminated because it gives inmates an easy way out of their punishment. What really bothered me was reading about the criminals who would lie about having a mental illness. The man who got a bigger sentence simply for faking a mental illness, deserved it. The others who plea insanity may really need the treatment at mental institutions, but spots are filled up because of the ones who lied. My final say on NGRI is, if you commit a crime, you need to suffer the consequences.

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