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Insanity Argumentative Analysis

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Although, using the insanity defense is questionable and poses a public safety risk, some critics would advocate for the use of the plea on behalf of those with mental illnesses. It is believed that the defense is “largely misunderstood” and feared by the public. Critics believe that individuals with mental illness should be able to plead insanity for reasons such as: (1) their illness can be caused by genes that they are born with, therefore they cannot help but act in the manner that they do, and (2) individuals who are ill are thought to be physically different than those who do not have mental illnesses; they are not able to access all emotions such as guilt, empathy or remorse. This can result in violent behavior that is at no fault of …show more content…

Also, according to a study funded by the National Institute of Mental Health in the early 1990’s, the defense is only used approximately one percent of the time and a quarter of those who use the defense have argued the defense properly to be found not guilty (Olin, 2009). This is only a small fraction of the population. In the article “Inside A Psychopaths Brain: The Sentencing Debate” by Barbara Bradley Hagerty, it was said that “the reason [individuals with violent behaviors] cannot access their emotions is that their physical brains are different.” This would mean that an individual prone to violent tendencies has a brain that reacts differently than that of the average person, which in turn warrant them to use the insanity defense and/or be held unaccountable for their actions.
To refute, there have been many instances have shown that a great deal of the population exhibits violent or psychopathic tendencies, but they do not exhibit violent behavior at any point …show more content…

However, punishing those with mental illness in the same fashion as those whom know of the wrongfulness of their crimes is unfair. It would be beneficial for society and for the health of those with mental illnesses to be found guilty of the crimes they have committed but to be treated separately from other individuals without mental illnesses. Not allowing the use of the insanity plea would eliminate many unfair tactics used by lawyers when defending their clients as well as eliminating any uncertainty in determining one’s mental culpability. In lieu of the plea, courts who provide proper treatment to individuals who are deemed insane would allow for the public to retain a sense of safety and trust in the judicial system. Mentally ill individuals should not automatically be granted use of the insanity plea unless they undergo examination by mental health professionals on both the prosecuting and defending sides. The mentally ill, if convicted for their crime(s) should also receive proper medical treatment for their particular condition until they are cleared by mental health professionals. The current use of the insanity plea will only pose future problems for the country and its citizens; by not allowing individuals to use the plea, unless in extreme circumstances, most

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Dr. Mark Nolan, Senior Lecturer at ANU College of Law, says that the NGRI plea “enables defendants to avoid criminal liability and standard criminal punishment” (Nolan 8). The main disagreement with America is the focus whether if the “guilty defendant” pursues to misuse the “Not Guilty by Reason of Insanity” as an alternative to imprisonment or if the criminally accused was at the time of committing the crime “clinically insane” and in need psychotherapy. Therefore, during this discussion of opposing viewpoints concerning the insanity defense being misused or ethical are going to be

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In the field of criminal law there is a certain type of criminal defense that comes to the court and has a low success rate. These cases concern the mental capacity of the defendant and if they have enough mental capacity, or are sane enough, to be aware of their crime and consequences of crime. The insanity defense is extremely rare because of how difficult it is for the defense to prove to the court and jury that the defendant did not have the mental capacity to understand what they did wrong and the consequences from it. The case of Myers III v. State of Indiana is one example of criminal responsibility and mental capacity. This case has information that can be connected to the textbook with the insanity defense tests, mental competence

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So what can be done? A few numbers of American writers have argued that the insanity defence should be abolished. Two arguments have been relied upon. The first is that the insane defendant should be able to rely upon the same defenses as a sane defendant. For an instance, if an insane person lacks mens rea for an offence he deserves to be acquitted.

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Reforming the Insanity Defense: The Need for a Psychological Defect Plea written by Allyson L. Gay. This article focuses on serial killers and their psychotic mental disorders. Gay points out that technically serial killers are mentally insane and therefore should be able to use the insanity defense in a trial. However, because a serial killer has obviously committed the same crime numerous times, the form of the insanity defense should be reformed. “Psychopathy does not fit into the McNaughton test.

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According to Smith, the recognition of mental illnesses have forced the courts to question legal culpability (6). For example, the 1724 case Rex v. Arnold introduced the principle of “proof of insanity as an exemption from intent” (Smith 6). This led to the adoption of the “Durham Criterion,” in which the courts find that the defendant is not legally responsible if they are proven to have “substantial incapacity to conform to the law” (Smith 13). If we compare the legal history of mental illness to Szasz’s claims that mental illness is a myth, the legal treatment of psychopathy can be shown as another form of toleration. Szasz states that the myth of mental illness functions to create a “social intercourse [that] would be harmonious, satisfying, and the secure basis of a good life” (96).

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In refers to class discussion, as a result of the M’Nagthen case, the Insanity Defense Reform Act of 1984 (IDRA) is only use when the defendant does not understand the nature of the crime committed. Therefore, although neurosis or personality disorders qualify as a mental disease according to the DSM-5; the law has eliminated these types of disorders from being utilized in courts as a form of defense. The law has also excluded the irresistible impulse or inabilities to comply with the rules as a means of defense in the federal

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There are actually many intricacies associated in a mental health court process. For instance, there are “probations, parole, the courts, jails, the community health system…” involve in the cases, which is difficult to manage, especially, for someone with a mental disorder (Docgurley, 2011). Simply penalizing accused mentally ill people will not help them become better, so through this court system, they can maintain their human rights and have the support they require to improve their condition. Mental health court, thus, is a sufficient system because it will not incarcerate and isolate indicted mentally ill

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2) We should eradicate the insanity plea with the three points of; it is hardly ever used, scarcely gets accepted and it looks like an easy way out. On the opposing side the plea should stay for people to

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Over the years, the Insanity Plea has gained much fame and controversy, and for good reason. The fact that person can simply plead that he or she wasn’t in the right mind, and get away with any crime, causes many to be outraged, and justly so. With the introduction of the insanity plea into the United States Justice System, many men and women have been able to escape proper punishment for their crimes, but also there have been necessary plea’s for those who are truly insane. The United States Justice System should keep the insanity plea, and while there will be those who try to abuse the system, the right to a fair trial for all is reason enough to keep such a law. The insanity plea has been around since 1724.

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A number of people are against mental hospitals because of the possibility of wrongful institutionalizations for the mentally sane. There are a few cases in which people without mentally incapacitating illnesses have tried to claim insanity as a way to get out of their prison sentences. One such case being the infamous trail of serial killer Jeffrey Dahmer. Dahmer was a prolific killer who raped, killed, and dismembered seventeen men and boys from the late 1970s to early 1990s. In his testimony, his lawyer tried to sway the jury and medical board to believe that he was mentally insane when he commit his crimes.

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