Insanity Huqooq Essays

The significance of this study is to remove the protective mantle of the absolute defense of insanity in cases where mental defects and diseases are procured due to the use of illegal substances which impair the rational thinking of an individual so as to exploit the gray area in our Criminal Law and to provide an analytical framework for the basis of applying the test of insanity and the basis for holding the self-induced insanity liable... Self-induced insanity is a distinct strain of insanity which should not be used as a viable defense against criminal liability.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.Moreover,...

Insanity defense.Since the insanity defense is not intended to be a medical definition of a mental incapacity, loads of controversies and criticisms have arisen over the legal criteria that courts should apply in determining whether a person should be acquitted on the basis of insanity.Does the insanity defense have a legitimate .Insanity pleads have lowered down in number after stricter standards and systems.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.

” The following briefly outlines the significant developments in history leading to the establishment of the insanity defense as how it is known today – introduction, theoretical framework, history and the conclusion discussing the impact of the use of insanity defense.Conclusion: Impact of the Use of Insanity Defense When insanity defense became a popular tool for lawyers to use so that their client can have a lesser punishment, there were changes based on how the public as well as the lawmakers have reacted on this predicament.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 ...

Legal system needs to rethink insanity, related defense ploys.Insanity Defense.Insanity defense Harris, M. (2013, January 14).The insanity defense asserts that the criminal defendant is not guilty by reason of insanity.Insanity plea repeated.

Martin, John P. “The Insanity Defense: A closer look””.This case showed that the insanity defense does not work for all criminals and supported the public’s criticism of the insanity defense.Critics of not guilty by reason of insanity have claimed that too many sane defendants use the insanity defense to escape justice; that the state of psychological knowledge encourages expensive “dueling expert” contests that juries are unlikely to understand; that, in practice, the defense unfairly excludes some defendants.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.“Insanity Defense”.

There are various forms of insanity defense the most common being cognitive insanity.The burden to prove insanity was placed on the defendant according to the Insanity Act.It is true that in the recent past there are a number of criminal who have been able to get away with murder as a result of the insanity defense.Is the Insanity Plea Allowing Criminals to Avoid Justice?The Moral Basis of the Insanity Defense.

People define insanity as to those, in other words they gives informations about them with their interpretation of insanity....zan Öztürk, who is reverend of her street’s mosque, was defining insanity by saying “Insanity is a punishment which is given by the God to people who think they are most clever person” (Öztürk).Expectedly the denotation meaning of the word insanity is based on its scientific explanation because it is easy to prove with the written documents.As I said at the beginning of the essay, “INSANITY IS A MIRROR WHICH SHOWS WHAT KIND OF A MIND THAT YOU HAVE."When we consider all of the pieces of information, we can easily see that definition of the word insanity is related to some critters of the person who says, such as: ...

The study showed that only 26 percent of those insanity pleas were argued successfully.A 1991 eight-state study funded by the National Institute of Mental Health held that “the insanity defense was used in less than one percent of the cases in a representative sampling of cases before those states’ county courts.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 over the past two decades report similar findings.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.T...

The insanity plea is a poor excuse for serious lawbreaking, and should not change the extent of punishment.Those who oppose the insanity defense find fairness to be another problem.This is why a change in the insanity defense, or a complete removal, should be taken into consideration by the American body of law.Crimes will continue to take place each and every day and there will be times that the insanity defense will become a way out for those who have committed the crime.The defendant who pleads insanity has hired his own medical team to evaluate him.

It was a very ingenious plan that Hamlet had created, and it almost worked...if everyone didn’t perish at the end.There was no sign of any insanity with the way he was talking to him, because Horatio new everything, and did nothing.Murderers are constantly pleading in court to experiencing temporary insanity, and getting away with it!First, this is what insanity is; insanity is acting peculiar, but not knowing that they are.If it weren’t for Hamlet’s insanity, the King (Claudius), would have obviously known that something was up with his nephew, and surely have him killed.

The view of what caused insanity was widely disputed during this time period.The opposing view, held by many Europeans, was that insanity was caused by civilization or society as a whole.Perrucci, Robert.Circle of Madness: On Being Insane and Institutionalized in America.New Brunswick: 1987. .

The narrator believes he is justified in killing the old man because the man has an Evil Eye.In conclusion, Poe shows the insanity of the narrator through the claims of the narrator as to why he is not insane, the actions of the narrator bring out the narrative irony of the story, and the character of the narrator fits the definition of insanity as it applies to "The Tell Tale Heart".Poe shows the narrator is insane... ... middle of paper ... ...arly shows that the narrator is insane because he heard noises, which could not possibly have occurred.Poe suggests the narrator is insane by the narrator's claims of sanity, the narrator's actions bring out the narrative irony of the story, and the narrator is insane according to the definition ...

About half the states have adopted the Model Penal Code rule for insanity.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.An important distinction: “Not guilty by reason of insanity” and “diminished capacity” Although a defense known as “diminished capacity” bears some resemblance to the “reason of insanity” defense (in that both examine the mental competence of the defendant), there are important differences.In 1972, the American Law Institute, a panel of le...

This last criticism, is turned to the rich and wealthy criminals, who make use of the insanity plea.Identify and discuss the major criticisms of the insanity defense.Such critic is based on the suggestion, that the insanity defense should be eliminated.According to my research, there are three (3) major criticisms within the insanity defense.It also addresses the way a criminal, who does plea insanity, should be trialed and punished for the crime.

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.Twenty states enacted “The Insanity Defense Reform Act of 1984 ” with provision for Guilty But Mentally Ill, shutting the loopholes.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.Thirty states adopted “The Insanity Defense Reform Act of 1984 ” while the three states of Mont...

The caretaker wanted the police gone, but they would not leave because they were laughing at how terrified and scared the caretaker was.This evidence shows that the caretaker in Tale Tell Heart was insane because he could hear the beating of the old man’s heart which started to make him go into a panic and he wanted the police gone for the ringing could disappear and he couldn’t get caught not one bit at all.— this I thought, and this I think.” This shows that he had figured out why they weren’t leaving and what they were doing when he was terrified.— they were making a mockery of my horror!– they suspected!

Hamlet is putting on a act that he is insane but he is really not insane.(Act 4, scene 4, lines 44-45)  He says he is a coward about killing his uncle.Even though he wasn't insane Hamlet is a coward.He also knows that he is a coward because even though he wants to, he can't bring himself to kill his uncle.He says it himself "of thinking too precisely on th'event (A thought which, quartered, hath but one part wisdom and ever three parts coward)".

From the issues discussed in this essay it is clear that whilst, in theory, the three defences of Insanity, Automatism and Diminished Responsibility, do indeed exhibit differences, in practice they have become somewhat amalgamated.G., Sanitising Insanity ?First, it must be accepted that ‘there is no sharp dividing line between sanity and insanity, but that the two extremes?N.,Exploring a quagmire: insanity and automatism.Sparks for example, comments ‘to say that we are less willing to blame?a man if he does something wrong, surely does not mean: we are willing to blame him less, if he does something wrong.’ It would seem however, that due to the inadequacies of M’Naghten and the acceptance that some states of mind falling short of insani...

As we can see, there are a lot of things that would have driven Hamlet to insanity, and just by thinking of these problems, he would have gone uncontrollably insane.Of all the characteristics possessed by Hamlet, it was his insanity that made the film very much interesting, and it was portrayed well by Mel Gibson.As a lead role, we see how Hamlet maneuvered his insanity in order to take his revenge.This is what has been emphasized by Hamlet’s insanity: what was perceived before as a disturbed Hamlet was portrayed by Mel Gibson as an insane Hamlet.By pretending to be insane while actually being insane at the same time, he was able to fool different people.

Characters in Hamlet are intended to be affected by insanity, therefore throughout the play corrupted minds descent into madness bringing about tragic endings, sorrow-filled moments, and shameful events.After this encounter Hamlet states his plan for feign insanity.“A common notion of insanity is that those laboring under it are very violent or very suicidal or talking nonsense” (Kellogg).Hamlet’s apparent descent into madness was convincing, but his mind continued to have balance giving the impression that the “disease” of insanity was not there at all.Facts On File, Inc.

Insanity, in this novel, separates those who can transgress from those who cannot.The superior will be remembered as normal if not glorified while the inferior ordinaries, will melt down, and burn out.Dostoevsky, in his novel Crime and Punishment, infers that men are either ordinary or extraordinary based upon their insanity.Examples of these superiors are Raskolnikov and Svidrigaïlov, whom in the midst of the insanity that plagues them, can act as if rational.Even without crime insanity is accompanied by illness.

I contend that the legal notion of insanity is a less accurate guide.In fact, almost all cases of legal insanity involve mental illnesses that include delusions or psychosis (Cleckley, pp.Thomas’s view about the relationship between evil and insanity is common among laypeople, psychiatrists and philosophers.It is reasonable for the courts to excuse individuals with dissociative identity disorder for their wrongdoing on the basis of insanity because the primary identities in these cases are often not aware of the nature or quality of the wrongful acts caused by their more aggressive identities, and the court cannot split the guilty identities from the innocent ones for the purpose of punishment.However, one problem with the legal notion o...

Overall there appears to be more of a case for Montresor’s insanity.This would suggest that he is actually perfectly sane, and considering the fact that we do not know what wrong Fortunado committed it is difficult to say if Fortunado deserved this fate.The term Insanity is used when someone repeats the same actions over and over again but expecting different results every time.Feigning insanity is the simulation of Mental illness in order to avoid or lessen the consequences of a confrontation or conviction for an alleged crime.The possibility of Montresor’s “insanity” is more upfront, so we can obviously see it.

Another such case where Hamlet shows conscious insanity is in his talk with Polonius where he calls Polonius a “fishmonger” and answers his questions irrationally.The only thing Hamlet is “pregnant” with is his insanity which grows and shows itself in full bloom later in the play.These conflictions within his psyche is a clear characteristic of an imbalanced mind; implying his insanity.His treatment of Ophelia is a clear case where his insanity looms into his conscious.Possibly obsession and insanity followed the anger which spewed out of him coming up to this line, and were it not for the foolish actions of Polonius, it would have gone further.

It is also debated that the insanity defense helps the mentally ill find help in hospitals, and receive the care that they need.The insanity defense is rooted in a basic principle of justice: that it is unfair to hold persons responsible for their actions when they dont know, or cant control, what they are doing (Worth 16), but is it true that people really dont know what they are doing; and if so should they still be punished for it Many who share negative feelings towards the insanity defense believe that it is not a defense in the victims case but a defense to aid the perpetrator.The insanity defense continues to confuse and disrupt the system of our courts to this very day.In courts the insanity defense has been used as a loophole fo...

...f the bad that is going on in her real life, so she would have a happy place to live.This caused all of her blocked out thoughts to swarm her mind and turn her completely insane.This woman had made a safety net within her mind so that she would not have to deal with the reality of being in an insane asylum, but in the end everything failed and it seems that what she had been protecting herself from finally conquered her.... middle of paper ... .When the doctor finally got in he fainted because he had made so many positive changes with her and was utterly distressed when he found out that it was all for naught.

Where as sanity is defined as free from mental damage derangement, having a sound and healthy mind mind, having or showing reason, sound judgment or good sense.According to the dictionary definition insane is some one of a not sound mind, mentally damaged or deranged or utterly senseless.But really what defines sane and insane this is what will be brought to attention through out this essay.Insanity may manifest as violations of societal norms, including a person becoming a danger to them selves or others.Holden is a basic young boy who differentiates from the norm a little in his characteristics, he is a little bit more head strong and aware of the realities of the world and portrayed society.

All these factors conclude in the ascertainment of the insanity of the defendant.Only to let this man go to jail could be a crime.No sane man would be able to sit still for so long only to watch an eye, letting his mind fill with the fear for the eye and desire of its absence.His continues denial of insanity is contrary to reality.The narrator has been accused of murder and although it is undeniable that he has committed the crime, he is not guilty by reason of insanity.

While sanity and insanity can be defined in many different ways, many critics point to Hamlet’s keen observations and clever manipulations as not insanity but confused grief in an otherwise extremely intelligent, albeit sensitive, man.Evanston, IL: McDougal/Little, 2003. .” The Riddles of Hamlet and The Newest Answers.“The Real or Assumed Madness of Hamlet.In fact, Hamlet’s supposed insanity can be compared to Ophelia’s actual insanity.

Through these elements we can easily see how guilt, an emotion, can be more powerful than insanity.New York: Longman, 1999."The Tell-Tale Heart."Literature: An Introduction to Fiction, Poetry, and Drama.These final two lines in the story beautifully demonstrate how language was used to show insanity being overturned by guilt.