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Upholding insanity defence
Upholding insanity defence
Upholding insanity defence
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More handpicked essays just for you.
Upholding insanity defence
Upholding insanity defence
Upholding insanity defence
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Insanity is an illness an individual cannot overcome and will make decisions without thinking. Lacking the further knowledge of a criminal's mental state does not endorse the fate of acquiring the death
People have their own opinions when it comes to issuing court trials, especially when it comes down to a person being found guilty, or a person being found not guilty by reason of insanity. Did this person know what they were doing when they committed a crime? Did they know it was morally wrong? Do they have any remorse for what they have done? These are all questions courts look at when someone has committed a brutal crime, but is it fair to claim someone as “insane” or “mentally ill”, rather than putting them behind bars and calling them a criminal like the rest of them?
What exactly is the insanity defense? In a criminal trial situation the insanity defense is used to explain that the defendant was not responsible for his or her actions at the time the crime was committed due to a mental health illness or a mental handicap. Now you have to think of the reasoning, is this form of defense used as an actual defense for one who irresponsibly committed a crime or as a last resort hoping for an acquittal before a defendant is about to be handed a guilty verdict? Most people being asked would say it is being used for sane people trying to get out of a crime they committed, but I believe the insanity defense is misunderstood by society and should strictly be used for its creation of mentally ill individuals.
“A mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Insanity is distinguished from low intelligence or mental deficiency due to age or injury. If a complaint is made to law enforcement, to the District Attorney or to medical personnel that a person is evidencing psychotic behavior, he/she may be confined to a medical facility long enough (typically 72 hours) to be examined by psychiatrists who submit written reports to the local superior/county/district court. ” This is the definition of insanity, ladies and gentlemen of the jury, I, Andrew Harris, am here today to convict Mr. Johnson of murdering Mr. Pete. Mr. Johnson killed Mr. Pete on October twentieth, eighteen twenty.
Not Guilty by Reason of Insanity (NGRI) is a form of insanity defense that allows for an individual to not be found guilty of a crime due to a mental defect or disease that results in a lack of mens rea, or the capability to intentionally commit a crime. However, simply having a mental illness or defect does not guarantee that an offender will be found NGRI. Not only would a defendant have to have a major or severe mental illness or disease, but the defendant would have to prove that their condition impaired them so greatly as to not have any control over their behavior or any concept that they had done anything wrong at the time of the offense. Although Bob undoubtedly had a diminished capacity for logic and reason in this case, the example as given does not provide enough detail to determine the nature of Bob’s personality or his potential motives in committing this crime. Nevertheless, there is one major flaw to Bob’s insanity defense: he tried to hide the crime.
(66). The criminal is aware that he murdered someone, yet shows no remorse. A person who is criminally insane does not understand the effects and consequences of their actions, and therefore cannot take responsibility for them. The murderer also hides his wrongdoings from the police. If he were criminally insane, he would not have to lie about his actions.
In·sane /inˈsān/ (adjective) in a state of mind that prevents normal perception, behavior, or social interaction; seriously mentally ill. No one ever expects to go insane, no one knows when they are going insane, and in “The Tell-Tale Heart” by Edgar Allen Poe, the narrator doesn’t think he’s insane either. There is a debate on whether or not he is insane, but despite his opinion, and whoever else's, this narrator is insane, and this is proven by his lack of reason and his auditory hallucinations. Imagine killing a loved one because of a simple physical feature.
Madness in its most broad definition is a concept that is frequently used, but not fully explained or understood by Stoker “…the idea of insanity was an integral part of the Stoker 's conception, but his reading
Intro: “It is sometimes an appropriate response to reality to go insane” (PHILIP K. DICK, Valis). In present day America laws have been placed that prevent people who are “insane” to be guilty of the crimes they commit. In short, insanity is the state of being seriously mentally ill relating to madness. This is presented in the book Medea written by Euripides through her point of view. In Medea, a surge of insanity purges her after she is betrayed by her husband Jason causing many cruel and harsh actions to follow from her.
The M’Naghten rule is used in around 27 states including California and Florida, this says that the defendant can be found not guilty by reasons of insanity if “The defendant is so deranged that she did not know the nature or quality of their actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know what she was doing was wrong” the M’Naghten rule is the oldest rule used. The Durham rule in only used in New Hampshire but states “A criminal defendant is not guilty by reasons of insanity if the crime was a product of a mental illness.” The last one is the Model Penal Code which is much broader than the others says that “If at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law” this is used in around 10 states. 4 states do not recognize the insanity plea as an actual defense in
Insanity is a disease capable of making a person lose control of themselves. On the other hand, sanity is when a person is what others call “normal”. In “The Tell-Tale Heart” by Edgar Allan Poe the narrator kills a man and he is confessing to the cops about it. He confesses how long the murder took and what he did each night and how he executed the murder. However, the narrator is not guilty because of the reason of insanity.
Some say an insanity defense is a legal concept, not a clinical one. In some cases, the prosecution has had a hard time distinguishing between people pretending to be insane and the people who actually suffer from insanity. (Math, Kumar, and Moirangthem) Even though it is legal to be insane, do not take advantage of it and go do something you will regret later in life. There is a time and place and there is also a way to act in a public place.
Without a clear-cut definition for insanity not only does the word lose its power, but it also causes people to create their on definition for the word, usually with themselves
“Insanity: n. mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior” (Hill). This definition describes the narrator, a sweet yet deadly man, of “The Tell-Tale Heart” by Edgar Allen Poe seamlessly. (Appositive) A few prominent characteristics demonstrate the narrator’s insanity, and those include his motives, his actions, and his thoughts.
The purpose of an insanity defense is usually to help those who have mental disabilities and do not understand what or why they are being charged with a crime. It will help them get a lesser sentence and in some cases even be acquitted of those crimes if you can show your client had a mental break, was under duress, past history of abuse, your home life, if you can prove that your client is unstable for any reason, you can use the insanity defense. It’s just whether the jury believes it or