The Insanity Defense is complicated, easily confused, and requires a full legal analysis on its meaning before it can be completely understood. Insanity is considered a disability excuse (Robinson and Darley 127) as well as a mental illness. From a legal standpoint, a mental illness is when “Someone loses their free will to make their own decisions” (Grachek 1482). Criminal liability cannot be held responsible if the person’s mental disease shows two signs. The first is the person did not have a right state of mind that is required by the offense charged. The other is that the conditions of the general insanity defense must be satisfied (Robinson and Darley 129). There are four main ways that jurors and judges can tell if the defendant is psychologically capable. The first test used by many jurisdictions is the M'Naghten Rule. This is also considered the test of “right-wrong test” (Worth 24). For the M’Naghten Rule, one must not have been able to recognize the na...
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- ... Overall they proved that the public overestimates the use of the insanity defense in murder cases. They also overestimate the proportion of those who are getting acquittals and those who get free back to the community. On the contrary, the public underestimates the hospitalization and the time these people get convicted. This study concludes that social media usually present the advantages that the defendants of the insanity plea might get and cases of mentally ill people who committed a violent crime.... [tags: mental disease, overuse, criminals]
2520 words (7.2 pages)
- 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.... [tags: A Crime Of Insanity]
2529 words (7.2 pages)
- Richard Bonnie, a Professor of law and psychiatry, leans on yes -- insanity should indeed exist as a legal defense for criminals. However, his stance on the matter focuses more on a modified variation of the existing defense used in the courts, as the defense maneuver is crucial in maintaining moral integrity of criminal law (Bonnie, 1982, p. 308). He begins with a suggestion to consider the case of John Hinckley. While hearing his argument for the insanity defense, it is mentioned how the media takes on many cases, such as Hinckley's own case, and coupled with a lack of disagreement among experts in the psychiatric field, the media has had a negative influence on the overall depiction of th... [tags: richard bonnie, criminal law, insanity defense]
1379 words (3.9 pages)
- Most court cases end in one of the following two ways: Guilty or Not Guilty. In addition to these simple verdicts, information is sometimes provided as to why the jury came to its conclusion. Such is the case for Not guilty by Reason of Insanity (NGRI). While the first two scenarios are simple and fair, the last choice has raised more than a few eyebrows over time. Many believe that the Insanity Plea is a simple way to get a high-stakes criminal off the hook, though many would also disagree and say that the Insanity Plea is a justifiable resolution to court cases.... [tags: court cases, jury, insanity defense]
1204 words (3.4 pages)
- Defense of the Insanity Defense: John Hinckley Jr., Jeffery Dahmer, James Holmes, and Andrea Yates: all are perpetrators of violent crimes, and all claim insanity as the reason. In recent years, it seems that the verdicts of many major violent crimes have come down to whether the defendant is accountable for their actions or if they should be held Not Guilty by Reason of Insanity (NGRI). This verdict more commonly known as the Insanity Defense is often seen as a way for criminals to ‘get out’ of punishment for their crimes.... [tags: perpetrators of violent crimes]
2033 words (5.8 pages)
- “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.... [tags: insanity, crime, defendant]
2413 words (6.9 pages)
- Sane for insanity. Often times, the Insanity Defense is viewed by the public as an excused for criminals who are trying to be free of a sentence in jail.That may be the case for a small portion of the time, but that rarely works. It does not matter what the defendants mental ability is at the moment of a trial. The jurors focus on the mental capability at the moment the defendant committed the crime. There are several tests that are looked at in trying to find what the cause was for all of the commotion by the defendant in the committed crime to discover the level of their mental illness, or if there is an illness at all.... [tags: insanity defense, excuse for criminals]
1223 words (3.5 pages)
- Each state, and the District of Columbia, has its own statute outlining the standard for determining whether a defendant is legally insane, therefore not responsible, at the time the crime is committed. “An insanity defense is based on the theory that most people can choose to follow the law; but a few select persons cannot be held accountable because mental disease or disability deprives them of the ability to make a rational / voluntary choice. Such individuals need special treatment as opposed to prison; punishment is not likely to deter future antisocial conduct of these mentally diseased individuals.” Retrieved on 5/25/2010 from http://www.law.umkc.edu/faculty/projects/ftrials/hinckley... [tags: Criminal Justice ]
1183 words (3.4 pages)
- The Insanity Defense 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.... [tags: Argumentative Persuasive Essays]
1267 words (3.6 pages)
- "Insanity is defined as a mental disorder of such severity as to render its victim incapable of managing his affairs or conforming to social standards." (Insanity, pg. 1) It is used in court to state that the defendant was not aware of what he/she was doing at the time of the crime, due to mental illnesses. But insanity is a legal, not a medical, definition. There is a difference between mental illness and going insane. Many problems are raised by the existence of the insanity defense.... [tags: Papers]
1470 words (4.2 pages)