Insanity Defense Opinion Essays

It is my belive,the major criticism of the insanity defense could be the establishment of prove to the claim of insanity.It is within my opinion, that the insanity defense is used over excessively and is taking part in almost every defense to any crime.Offenders seem to have the knowledge to the use of this defense and will often provide a plea to guilty by insanity or temporary insanity, within the faith, to receive a reduced sentence.Everyone has different sentiments, within the use of the insanity defense and the successfulness of such validation.Such critic is based on the suggestion, that the insanity defense should be eliminated.

It is also debated that the insanity defense helps the mentally ill find help in hospitals, and receive the care that they need.One of the many issues that trouble the American Justice System today is that of the insanity defense.One case in which the inconsistency of the insanity defense is apparent is in that of the assassinator of former president James Garfield.The insanity defense plays a powerful role in our society which begs for justice.It is only an opinion, expert opinion or not, it is still just an opinion.

The Insanity Defense: A Closer Look.Contrary to the opinion of most people, there are a limited number of criminal dependants, who appeal to the insanity defense.Nevertheless critics who advocate for the insanity defense are quick to point out that the public is generally misled concerning the insanity defense (Golding, 1989).The burden to prove insanity was placed on the defendant according to the Insanity Act.It is for this reason that critics have complained that the insanity defense is continuously being misused by defense attorneys (Bing, 1996).

The insanity defense ensures that criminals can avoid the punishment that fits their crimes.If not, irresponsible and immoral criminals will abuse use of the insanity defense.Those who oppose the insanity defense find fairness to be another problem.These people are using the insanity plea as a way to get away with their crime and not have to pay the time, which is a very irresponsible action, as was their crime.The insanity plea is a poor excuse for serious lawbreaking, and should not change the extent of punishment.

Insanity defense (2011, April 11).Debating the Insanity Defense.Whens someone commits a crime in today’s society he or she may use mental illness as a defense, know as insanity plea or insanity defense (Dubsinki 1986).The insanity defense asserts that the criminal defendant is not guilty by reason of insanity.Insanity defense Harris, M. (2013, January 14).

History will be checked, the bloodline of the family, past experiences, and other related tests to provide definite discussions at the legal process.A forensic psychiatrist is frequently asked to be an expert witness in civil and criminal proceedings.Competency evaluation determines defendants if they have the mental capacity in understanding the charges and if able to assist their attorney.Medical transcription service for forensic psychiatry helps individual, physicians, and health centers transcribe the mental illness of the patient.Usually their platforms have developed reasoning of patient’s disorder.

Such releases have really led to a lot of heat and therefore mistrust towards the said defense and resulted to general bias of the defense (Feusch, 1980).The other reason is that, lack of accurate and correct information about such cases of insanity lead to criticism and negative reaction by the public.Much efforts should be put in place in order to address the problem of dealing with mental impairment and insanity.Many of the attitudes facing the defense on insanity can be termed as genuine but one wonders, for how long?The first highlight is that, the people look at the defense on insanity grounds as a mare scape goat by which victims of crime can avoid court prosecution and hence punishment.

Progresses have been done and I certainly hope that there will come a time that the insanity defense would no longer hold controversies because justice has been served – both for the victim and the defendant.Insanity as a criminal defense.In cases of an insanity defense, it is just right and proper that both the rights of the victim and the defendant who pleads to be insane must be protected.The insanity defense: a closer look [electronic version].Insanity defense.

Media entity saw that this topic has captured the attention of the public, and wanting to know what the people think about it, several polls were conducted and it revealed the sentiments of the public – that the use of insanity defense often meant that justice was not served and that because of this practice many guilty people are being set free instead of being punished (Melton, Petrila, Poythress, Slobogin, 2007, p. 774).The theory in the use of and management of cases where insanity defense is used is, according to George Fletcher (1978) is that the use of insanity defense forces the resolution “of our doubts about whether anyone is ever responsible for criminal conduct (Melton, Petrila, Poythress, Slobogin, 2007, p. 774).The theory o...

There are 51 different types of insanity defenses in the United States, one for each set of state laws, and one for federal law when dealing with someone pleading not guilty by reason of insanity.The insanity defense is a criminal defense that is used when the defendant’s case states that the crime occurred because the defendant had a severe mental disease or defect and was unable to apprehend the wrongfulness of his or her acts.The insanity defense does not eliminate the responsibility of a criminal act from the person committing the crime; instead, it is a defense mechanism for criminals who argue that at the time of the crime the defendant did not have willful intent due to a severe mental defect or disease.The insanity defense should...

The reasoning of the Court in depriving illegal substance user of the defense of insanity is misplaced for it did not consider that the case of illegal drugs user may fall in the exempting circumstances or with the justifying circumstances.RPC as setting no other classification to the defense of insanity as absolute with no other qualifications based on the total absence of intent without regard to self-induced insanity... Self-induced insanity is a subset of insanity not within the protective mantle of the concept of “absolute defense”.It is also endeavoured that a comparison with the tests of insanity be compared with other jurisdictions in order to grasp the elusive concept of the term insanity.– Classifying self-induced insanity as ...

The psychiatric and legal professional group called for the modification instead of total abolition of the insanity defense resulting to legislation called “ The Insanity Defense Reform Act of 1984” ( 3rd paragraph).Evolution of insanity defense As early as 1581, insanity defense has been well considered in Anglo-American law and a legal treatise was enacted saying that “If a madman or a natural fool, or a lunatic in the time of his unacy do [kill a man], this is no felonious act for they cannot be said to have any understanding will “ ( pbs.Examining the success of using the insanity defense in this modern time, Chiacchia ( 2001 ) eported ( “ Insanity defense statistics, 2nd paragraph) that: Successful NGRI defenses are rare.Summary and...

The federal insanity defense now requires the defendant to prove, by “clear and convincing evidence,” that “at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts” (18 U.S.C.The rule created a presumption of sanity, unless the defense proved “at the time of committing the act, the accused was laboring 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 what he was doing was wrong.” The McNaughton rule became the standard for insanity in the United States and the United King...

20 Oct. 2004 .The insanity plea is therefore hardly .Out of nearly 100,000 felony indictments during that period, only 17 juries heard arguments concerning the insanity defense and their deliberations resulted in only 4 insanity acquittals” {American Psychiatric Association.The study showed that only 26 percent of those insanity pleas were argued successfully.Thesis: Although some criminals abuse the insanity plea by invoking it to escape being punished for their crimes, the insanity plea should nevertheless still be allowed for those with a documented record of mental illness.Most studies show that in approximately 80 percent of the cases where a defendant is acquitted on a “not guilty by reason of insanity” finding……….Other studies ove...

There are stipulations to this defense, such as the defendant cannot use more force than what is reasonable.By applying a loose theory such as mental illness to law we are in essence throwing the proverbial "monkey wrench" into the wheels of justice.Therefore, mental illness and insanity are not the same: only some mental illness includes insanity.The public duty defense is another type of justificatio... ... middle of paper ... ...re are several problems with the insanity defense.The first type of defense I’m going to write about is justifications.

The courts in our criminal justice system.“Being in aware if or misunderstanding a law is a valid defense only under limited circumstances such as violations of confusing or complicated law like as the tax load.Meyer, J. F., & Grant, D. R. (2003).(Meyer & Grant, 2003) Different country uses the insanity tests.The legal defense satisfies all legal requirements of a court case.

Defendants found "not guilty by reason of insanity" are rarely set free, being instead committed to a mental hospital until confinement is no longer deemed necessary.Ovid's metamorpheses........The claim of irresistible impulse is a defense in some jurisdictions.The Durham Rule, also known as the product rule, holds that an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.The defense of diminished capacity, also called diminished responsibility, is available in some jurisdictions.The insanity defense is not widely used, and is raised in only about 1% of all criminal cases .

Insanity is a legal defense where a defendant claims to have been under mental impairment during the time of the crime.Self-defense and necessity are justifiable reasons and duress and insanity are excusable reasons.The legal defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an infant are excluded from criminal liability for their actions, if at the time they have not reached an age of criminal responsibility.To determine pure insanity of a defendant, certain rules are followed such as M’Naghten’s Rules and a right and wrong test is administered because insanity is an affirmative defense.A jury agreed, declaring him not guilty by reason of insanity.

Involuntary Manslaughter: A Recent Case and a Quick Review….Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense The nature of this case is the insanity defense, types, legal and psychological issues, due process, postpartum psychosis.This paper will also explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense.Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense .Jeffrey Dahmer – The Insanity Defense – Crime Library on….

Since either the prosecution or defense is paying them, are they going to state to the court what the person who paid them to testify wants to hear or are they going to be truthful.One of the most important areas, in my opinion, is working with law enforcement agencies.Psychologists can be hired by different parties to testify with conclusive evidence, either by the defense attorney or the prosecution attorney.Forensic psychologists: Roles and activities.Each practitioner will become an expert in particular areas that allows him or her to focus on specialty fields provided by the profession.

... middle of paper ... ....f the bad that is going on in her real life, so she would have a happy place to live.She evens states that she has a condition that signifies insanity, but the doctor would never tell her straight to her face that she was insane.When the doctor found her, he tried to go in and help her.This caused all of her blocked out thoughts to swarm her mind and turn her completely insane.

The M’Naghten Rule defines insanity as the defendant suffering from “a defect of reason, from a disease of the mine”, and as a result, the defendant did not “know” the “nature and quality of the act that he was doing”, and as a result, the defendant did not know that “what he was doing was wrong” (Fulero and Wrightsman, 2009).Insanity is a valid defense.The insanity defense began back in 1843 with Daniel M’Naghten.Should she have been found incompetent to stand trial?Research shows that less than one percent of criminal defendants used insanity defenses, and many states have substituted the Not Guilty By Reason of Insanity defense with guilty but mentally ill (Knowles, 2000).

Toufexis A. November 23 1992.The paper has therefore proven that parricide is difficult to prove as a case of self-defense.When Kids Kill Abusive Parents TIME in Partnership with CNN.It also requires an expert opinion to testify as to the presence of the syndrome and this is not battered child syndrome is not yet legal.Hillbrand M. and Cipriano T. 2007 Commentary: Parricide-Unanswered Questions Methodological Obstacles, and Legal Considerations Vol.

This information was presented by the defense to the judge who still decided to plea in favor of the defendant and the case ended with Santos getting probation.The cases used PMS as a opener for the suspect to eventually plead temporary insanity.If more research and funding can be applied to the study of biological theories and the connection it has to women and PMS, maybe the acceptance of PMS as a criminal defense will be taken more seriously.In the United States (US) two fundamental requirements are common to test for when determining insanity.The studies that have been performed on women and their experiences with Premenstrual Syndrome (PMS) have evolved into PMS being used as a defense in criminal cases.

In reference to Mitchell (1999), the case R. v Caldwell (1981), ruled that self- induced intoxication is not a defense to any crime in which recklessness is enough to constitute the requisite mens rea (p.600).The results of a study done with 263 mock jurors without instructions, who were required to use their own best judgment to decide four insanity cases showed that jurors do make discriminations among cases in terms of constructs, which are relevant, complex and flexible (p.287).Possibilities of exclusion of fault upon the raising of the insanity defense were suspected.The law that stipulates when insanity can amount to a defense was accepted only to the extent that the absence of mental control on the side of the defendant is not pro...

Douglas Schmidt “Behind “the Twinkie Defense” [by Paul Krassner].Co-Counsel Stephen Scherr “Against the Twinkie Defense” Interview “The Dan White (Harvey Milk Murder) Trial (1979) “It drives me crazy,” said co-counsel Scherr, who suspects the simplistic explanation provides cover for those who want to minimize and trivialize what happened.Statement from Chief Defense Attorney Douglas Schmidt “I don’t think Twinkies were ever mentioned in testimony,” He believes that he got of simply because he had a power of authority over most.“Good people, fine people, with fine backgrounds, simply don’t kill people in cold blood,” said Schmidt, “it just doesn’t happen, and obviously some part of him has not been presented this far.” Schmidt says that ...

In court the defense claimed that White was suffering from a mental lapse brought on by a series of events in his life that left him temporarily insane.The main focus of his search history was “rational insanity”.The shooter looking up the words “rational insanity,” shows that he looked at the potential consequences before he committed the crime.He is in court and is pleading not guilty due to insanity but just recently they uncovered searches from his computers and smartphones.The Insanity Defense — Twinkies as a Defense — Crime Library on truTV.com.

Openly telling Berkowitz that he did not buy the “demon dog” story for one bit, Ressler was able to get Berkowitz to admit that he came up with the “Son of Sam” and “demon dog” story as preparatory for an insanity defense.These perceptions have become so popular that it is not extraordinary for serial killers to enter in a plea of insanity in their defense.Of the five cases discussed in this paper, there are three common themes: insanity, attention seeking and skill in manipulation and deception.Dahmer’s defense team argued that the very bizarre natures alone of Dahmer’s crimes were proof enough of his insanity.Arthur Shawcross was another serial killer who tried a “not guilty by reason of insanity” defense at his trial in November 1990....

Style 35.1 (n.d.): 34-49.She compare the narrator to a professor at MIT, John Nash, who had schizophrenia but was able to develop one of the greatest theories that common day economic relies so heavily on."Frantic Forensic Oratory: Poe's The 'Tell-Tale Heart'."“The Tell Tale Hea... ... middle of paper ... ...enius.He goes through the different steps in a defense statement and correlates each part to the story.

Well entrenched is the rule that where the accused invokes self defense, it is incumbent upon him to prove by clear and convincing evidence that he indeed acted in defense (Leverick, 2007).One most commonly used justifying circumstance is self defense.What the defendant raises as an affirmative defense is the reasons and attending circumstances to its commission.To the Classicists in penal law, lawful defense is grounded on the impossibility on the part of the state to avoid a present unjust aggression and protect a person unlawfully attacked, and therefore it is inconceivable for the state to require that the innocent succumb to an unlawful aggression without resistance, while  to the Positivists, lawful defense in as exercise of a righ...