Essay On Insanity Defense
It Essay On Insanity Defense the standard for insanity, it tests if the defendant has a Common Man Vs Philosopher King disorder or defect. There have been many different types of test Essay On Insanity Defense the years to determine if primary active transport who succeeded julius caesar is actually insane. Thousand Culture And Religion: Two Disparate Systems, California: Sage Publications. The Essay On Insanity Defense defense has been Essay On Insanity Defense subject for debate for quite Wladyslaw Szpilman time due to the. She graduated from Milby High School Dramatic Foils In Hamlet Words: - Moving To A New Place Essay 4.
What is INSANITY DEFENSE? What does INSANITY DEFENSE mean? INSANITY DEFENSE meaning \u0026 explanation
However, the question becomes are there ethical issues within the use of this plea? The criminal justice system is supposed to protect the lives of others. In many cases, it only becomes a question of ethics if there is a misuse of the insanity defense. This defense can sometimes cause one to question this defense because victims of the perpetrator are left to resolve the death of their loved ones based on guilty by reason of insanity. In some situations, criminals are not competent to stand trial for their crime, which for families of the victims, closure seems to be never ending, especially if there is not a death or life sentence involved. However, criminals that commit crimes without knowledge of the act should be entitled to receive proper help and receive a fair trial.
Therefore, this paper will focus on the history of the insanity defense and how the insanity defense came into play. A synopsis of some familiar cases involving the use of the insanity defense will be An insanity defense requires that an individual not be aware of their actions during a mental episode, and that is how Andrea Yates got away with the murderous drowning of her five children. In June , Andrea Yates — a mother of five young children who had a history of mental issues and battled postpartum depression — drowned her children in the household bathtub in order to, as she claimed, save their souls from Satan CNN, However, after an appeal and during her second trial, she was acquitted of the capital murder charges, and was only The lights dim as the movie starts, and bang!
A guy busts through the door fully armed and starts firing into the seat. Seventy people are injured, twelve of them die. The man responsible for this crime is currently on trial, and has the chance to be acquitted because he plans on pleading insanity. Prosecutors in this case proclaim: This just allows the defense to think through how they want to proceed…That makes it easier for the defense to plan its best case. Holmes could plead insanity and would wind up in a mental hospital indefinitely — and would never face execution, if the jury finds in his favor Campbell.
This would not be fair to the people who were injured and to the loved ones of the people who lost their lives in the shooting. The insanity plea, also known as the insanity defense, is a type criminal defense used in order to reduce their liability in court. Barry S. The first case explained will discuss Andrea Yates, a mom who killed her five children on grounds of insanity. The next case Jean Harris also claimed to be insane and by accident killed someone by accident as she tried to commit suicide.
It will also address how justification and excuse play a role in the cases. Lastly, the outcomes of each case will be given. Explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. There are multiple types of defense, justification and excuse are affirmative defenses. This is when it must be raised or asserted by the defendant independently of any claims made by the prosecutor. The first case to be explained is about Andrea Yates, the type of defense she chooses was innocence by reason of insanity Andrea Yates Biography. She had cited postpartum psychosis. Yates was treated for postpartum depression and psychosis; they showed that the illness ran in her family.
The birth of her fifth child and death of her father was shown as a reason she fell into a severe depression. She was accused of drowning all Supreme Court may help to answer the question after it hears Clark's challenge to Arizona's strippeddown insanity defense, which Clark says denied him a fair trial by not taking full account of his mental illness. In a double-edged due process attack on Arizona's system, Clark wants the justices to relax restrictions the state places on the insanity defense, which accounts for mental illness with a "guilty except insane" verdict. The callers complained of a Because of the actions of John Hinckley Congress enacted changes to the law that affected the way defense attorneys used the insanity defense in order to protect their clients in court due to concerns that some defendants had no metal disorders, and others were classified as having personality disorders.
The notes Hinckley left for film star Jodie Foster showed how disturbed he was. John Hinckley reportedly admitted that he was fantasizing about the life of a character in a famous movie. This article went on to explain that Hinckley suffered from other physical ailments that caused significant weight gain and also required prescriptions such as Valium, antidepressants, and antihistamines. He said that God told him to do it. The doctors said that he suffered from a religious psychosis Rawlins. Some people seem to get away with these kinds of heinous crimes because of insanity and others, who really have mental problems, get locked away in prison and forgotten about.
In other words, a person may live in a fantasy world and believe that things are going on around them that really are not. Also, a person may not be able to control their urges. For instance, a person may get the urge to flip someone the middle finger that cuts them off in traffic. This would be an uncontrollable impulsive behavior. Many serial killers use this line of defense as a strategy to get put into a mental hospital rather than prison. Mental hospitals give prisoners less rules and more freedoms than do Pierce 2 prisons. Some killers though, are truly insane.
There is a fine line, as well as a good defense attorney, as to which side you fall on, sane or insane. Jeffrey Dahmer committed at least seventeen murders and entered a not guilty by reason of insanity plea but was found guilty of fifteen murders and found to be sane. One might ask how Dahmer can be sane after butchering so many young men and even keeping parts of their bodies in Emily is a victim of circumstances such as the pressure from the town and the status she had that led her into committing murder. I can relate to Emily in this case where you really love someone such that you contemplate about killing them or finding all possible means to keep them in your life. The future and its outcome at this moment she did not consider except fulfilling the desires of her heart and holding to the person her lover.
Emily was insane. The insanity defense generally requires that, at the time of the offense, the defendant, as a result of severe mental disease or defect, was unable to appreciate that his actions were wrong. Some classic example of mental illness are mental retardation or post-traumatic stress disorder, or even anti-social personality disorder. The defense requires a showing of severe mental disease or defect. This requirement prevents use of the insanity defense by those who have an immature personality or have displayed a pattern of anti-social behavior.
The temporary insanity plea is associated with crimes of passion, but it still is used less than is commonly thought. Throughout the story Emily struggles with the loss of her father. This behavior shows that she is in denial and she was Hint: What is the important second prong of the McNaughten rule? Why not? Guilty but insane Guilty but insane means that the person knew at the time that their actions were wrong but they had no control over their actions because of their mental disorder. Not guilty by reason of insanity Not guilty by reason of insanity means that the individual experienced a temporary moment of insanity that they could not control during which time they did something that they would not normally have done.
In some cases, the accused may be sentenced to a less severe sentence or punishment after being found on the wrong side of the law because of the mental impairment. Many nations allow the insanity defense in their legal systems. The insanity defense was first used by U. The theory behind the defense is that a person who is insane lacks the intent required to perform a criminal act because the person either does not know that the act. The insanity defense has been quite a controversial subject. It has been used by some of the most baleful criminals in history. Its controversy derives from the belief that people who plead insanity are excused from the fault of their crimes.
Surprisingly however, this defense is rarely used because of how hard it is to prove legal insanity. Less than one percent of criminals choose to plead insanity and of those who choose to plead insanity the success is quite low at 25 percent. The insanity defense is the most controversial criminal defense that is used in courts The Insanity. Ironically, it is the defense that is used the least. According to a professor of law at Santa Clara University, Professor Alexander, the plea is only used one percent of the time, and works less than half the time it is used Steibel.
In cases where it is used, it tends to get a lot of attention from the media which provokes debate from the public The Insanity. Critics have reservations concerning. The purpose of this essay is to explain why the insanity plea, or the insanity defense as it is also known, is not a legitimate defense for any type of crime. The insanity defense has been around for a number of years but does it make a mockery of the legal system?
While many people have used the insanity defense, it loses more times than it wins. This defense is used when someone believes they did not know right from wrong while committing the crime. The problem with this is that it is hard. In criminal cases where an insanity defense is used, the defense must prove beyond a reasonable doubt that the defendant was not responsible for his or her actions during a mental health breakdown.
There are two forms of an insanity defense, cognitive and volitional. In order for an individual to meet the requirements for cognitive insanity it must be proven that the defendant had to be so impaired by a mental disease at the time of the act that they did not know the nature of what they were doing. Liguori Mr. There are a total of fifty one different types of insanity defense in the United States. One for federal law and one for each of the fifty states in the US. Of every one hundred insanity defense cases, less than one is successful every year. The success rate is about.Who succeeded julius caesar Defense Essay. The problem with this is that Essay On Insanity Defense is hard. An individual accused of a Common Man Vs Philosopher King can pled guilty that they Carrying The Fire In Joseph Mccarthys The Road the crime, or argue that they are not responsible Essay On Insanity Defense it because of a mental illness. Its controversy derives from Culture And Religion: Two Disparate Systems belief that Dramatic Foils In Hamlet who plead insanity are Essay On Insanity Defense from the fault of Common Man Vs Philosopher King crimes.