Arguments Against Insanity Defense

The Insanity Defense is used in about 1% of all court cases, in which only about 26% of them are actually successful (Asia-Pacific). By definition, Insanity Defense is “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 (West’s).” This is one the most controversial defense strategies used in the judicial system. It can be taken advantage of. Pleading not guilty by way of insanity should not be used in the Judicial System because in most cases, it is abused, used as a legal maneuver, and does not allow the death penalty. There are 4 known tests that are used to test the

The doctors admitted that everything leads back to Gein’s mother, who taught him that women and sex were evil. That evening, the judge ruled Gein legally insane and incompetent to stand trial. He was sent to Central State Hospital for the Criminally Insane, located in Central Wisconsin. Years later, doctors wrote a letter to the court stating that Gein was competent enough to stand trial for the murder of Bernice Worden. After the 9-day trial, Gein was found guilty and sentenced back to Central State to live out the rest of his days. This case is an instance where the defendant was actually insane and did not receive the death penalty. Gein died from respiratory failure due to cancer (Edward Gein, Ed Gein, Jenkins). An example where a defendant used the insanity defense, but should have/received the death penalty, is the case of John Wayne Gacy. John Wayne Gacy, also known as the Killer Clown, was an American serial killer and rapist that sexually assaulted and murdered 33 young boys between 1972 and 1978. From a young age, his sexual preference was always young boys. Gacy tried dating women, but he always went back to young boys. His father was an alcoholic who beat him and his siblings with a razor strap if they misbehaved in his eyes. Gacy suffered from a congenital heart condition, which his father looked upon as another failing. As Gacy grew older, his attraction for boys grew stronger. He would typically lure his victims, by force or deception, to his home in Norwood Park, Chicago, Illinois. All but one of Gacy’s victims were murdered by either asphyxiation or strangulation with a tourniquet, a constricting or compressing device, used to control venous and arterial circulation to an extremity for a period of time. 26 of his victims were buried in the crawl space of his home, which explains the smell that rested inside his home. 3 other victims were buried in different places on his property. The last 4 known