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Arguments Against Insanity Defense

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Insanity Defense
Imani Batiste
Lee College
Insanity Defense
The insanity defense is described as, “A defense asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime because, at the time of the crime, the person did not appreciate the nature or quality or wrongfulness of the acts” (Encyclopedia, 2005). It was first instituted in late-thirteenth-century England as “Complete Madness” (Encyclopedia, 2005). The defense is based on the belief that people who are ill should be treated for their illness rather than sentenced to prison or death. There are legitimate times when an individual has a serious mental illness that caused their actions because they were not able to process correctly. The insanity defense …show more content…

They believe the convicted need to do hard time for the crime they committed. Supporters of the insanity plea feel that if a criminal has in fact experienced insanity during the commission of a crime they should be able to receive medical care for the mental illness associated with the crime instead of punishment. Both sides agree that there is no sure way to determine if they were really experiencing insanity at the time of the crime
The insanity pleas is not used often. In reality, less than one percent of defendants try to use the insanity plea, and even less are successful (Smith, 2012). Defendants do not usually gain exoneration, and are still required to stand trial when it is used. Most defendants found “not guilty by reason of insanity” are incarcerated in a mental institute. Usually their sentence is longer than if they can been convicted and sent to prison (Smith, 2012).
Overall, the insanity defense is an interesting concept. While implemented to help those who needed it, over the years it has made many question its existence. Yet, it should be understood that it is not an easy plea to use or a slap on the wrist when the defendant is convicted. It is a real punishment for a crime committed by a mentally ill offender that would hopefully be more help than harm for them.

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The insanity plea is one of the most controversial and problematic defense strategies used in court cases. It becomes so problematical when someone determines the sanity of a person, because where does the line cross from insane and sane. The insanity plea is the least common mechanism that defendants and lawyers use as a plea. Sometimes it is accurate and the defendant is treated properly in a mental institute for awhile; whereas in other cases it is used as “get out of jail free card. ”

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Many people may believe they know about the insanity defense as it has been brought to the public’s eye in many popular trials. For example, the cases of John Hinckley, who attempted to murder President Ronald Reagan, and Andrea Yates, who drowned her five young children, were highly publicized cases where the defendant was found guilty by reason of insanity. While many people may be familiar with these cases or similar ones, the insanity defense is highly misunderstood and disliked. To help judges and juries conclude whether a person is insane, three models have been devised. There is a wide variety of tests from state to state; however, they all typically revolve around one of the three models.

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