ipl-logo

Insanity Defense: Pros And Cons

981 Words4 Pages

Within America, four states have banned the use of the insanity defense. It is misused to escape prison and extends the trial due to how difficult it is to prove. The insanity defense states that the person who has committed the crime was or is unable to differentiate between right or wrong. It is believed that the mentally ill cannot be deterred by punishment and that it will protect society if they are treated rather than imprisoned. Many people are suspicious that the insanity defense is easily abused and manipulated by criminals and their lawyers. “In some studies, as many as 70 percent of NGRI defendants withdrew their plea when a state-appointed expert found them to be legally sane.” (Kenneth). For example, a jury had …show more content…

State psychiatrists must evaluate the person pleading not guilty by reason of insanity and clear them before anything can move forward. This always seems to fail as most of the pleas are withdrawn once it comes to light that they are in not at all mentally ill or unstable in any way. Prison is mostly filled with people who actually are in the caliber of mentally ill and never got the chance to plead insane, while mental institutions are mainly filled with successful insane defense pleas that were used just to escape time in jail. “One of the most devastating arguments against NGRI is that it may unfairly exclude many defendants. Studies suggest high rates of psychiatric illness in the general prison population.” …show more content…

But it is also the lawyers who play a role in trying to prove that their client is mentally ill that they themselves do anything and everything to prove just that. Defense lawyers had pinned their hopes on taking Mr. Goldstein off his antipsychotic medication and putting him on the stand, to better show jurors his mental state at the time of the attack. That strategy was thwarted when Mr. Goldstein struck a social worker, and the judge ordered that he be offered his medication each day.” (E. Barnes). This not only endangers everyone within the court, but also the defendant who is capable of doing a dangerous act and all of this just to prove they’re mentally ill and escape jail time that they deserve in the first place. More of a reason on why the insanity plea is not in the slightest way a good defense and should be

Show More
Related
789 Words | 4 Pages

Also it could also be a way for a prosecution team to get a conviction by stating that since the medical community does not officially recognize it as a disorder then the defendant doesn’t meets the legal terms for insanity. In conclusion the case of Jenea Ann Mugina is a sad one because of her mental illness she was ripped apart from her son even though it seems that it wasn’t

Read More
950 Words | 4 Pages

At the 2002 trial, Yates pleaded not guilty, by using the insanity defense. The insanity defense argues that an individual should not be found guilty of a crime if they have a persistent psychiatric disease at the time the crime was committed. It was proved that Yates could tell right from wrong, so she did not meet the definition of the insanity in Texas (Walsh). The jury deliberated for almost four hours, and finally found Yates guilty. The jury rejected her insanity defense, and Yates was sentenced to life in prison.

Read More
707 Words | 3 Pages

Mental illness is necessary to use the insanity defense and

Read More
894 Words | 4 Pages

The insanity plea was created as a compassionate way to help the individuals who would benefit more from a mental institute rather than a prison. White’s position firm and filled with conviction, however it lacks substance and makes the reader question his research. In four states alone there are no verdicts where an individual can plead not guilty by insanity. He directs his argument with the examples of individuals such as David R. Berkowitz, Jim Jones, and Adolph Eichman. David R. Berkowitz was an individual who attempted the insanity plea but was denied that plea and was found guilty and sentenced to six life sentences in prison on

Read More
2597 Words | 11 Pages

During my true crime podcast era, I came across Andrea Yates. Yates was a mother who killed her five young children by drowning them in a bathtub. While listening to this case, it was revealed that the insanity plea, or also known as the insanity defense, was used. It got me thinking about how the plea works and how people would allow this outcome over a jail sentence. The insanity plea is a tough topic to tackle in the world of criminal law.

Read More
1895 Words | 8 Pages

There is no true way to measure insanity; over the years, these tests that have been developed to measure illness have failed over and over again. Today, the insanity defense is not consistent from one defendant to another. The states of Idaho, Kansas, Montana, and Utah do not permit the use of the insanity plea. The legal standard varies across other states, so a ruling of “not guilty by reason of insanity” may apply in one state but not in another for a specific case. Results of a case is based solely on the defendant’s impression on the jury and what expert testimony is given which allows for an unfair legal system.

Read More
641 Words | 3 Pages

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.

Read More
92 Words | 1 Pages

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

Read More
597 Words | 3 Pages

For the insanity defense to work, the defense must admit that the crime did infect happen, but the defendant did not actually commit the crime. The goal rather than trying to dispute facts is to find the defendant as being innocent because of their mental state. Another pro for the insanity defense is that it does not allow the death penalty to be used. This is one huge advantage for the insanity defense because one that is accused could avoid the death penalty even if they were proven to be guilty. Lastly, it can save a life, if an individual really does have a mental incapacity and its considered that their condition has caused them to commit a capital crime which means the defendant could save their life.

Read More
102 Words | 1 Pages

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. ”

Read More
887 Words | 4 Pages

In countries which are legislatively and judicially fair and progressive, there exists a provision or series or provisions - which in Canada is known as the Not Criminally Response Due to Mental Disorder (NCRMD/NCR) designation - that aims to protect those who suffer from mental illness from the punishments and penalties endured in the criminal court system. The NCR defense in particular is a piece of legislation in the Canadian Criminal Code, which essentially states that a person is deemed Not Criminally Responsible of whatever offence they had committed on account that the person was suffering from a mental disorder or was declared legally insane at the time of the incident and was unable to appreciate their actions or that what they did

Read More
1035 Words | 5 Pages

"The median amount of time taken to complete adult NCRMD cases was 132 days, which is 17% longer than the 113 days taken for non-NCRMD criminal court cases." (Miladinovic, Z., & Lukassen, J., 2015, February 25) This data demonstrates that those in charge of the case must know the case in order to set a just trial. "The verdict of not criminally responsible on account of mental disorder (NCRMD) is a final decision reached when a judge or jury finds that an accused was suffering from a mental disorder while committing the criminal act and as a result is exempt from criminal responsibility (Criminal Code, R.S.C. 1985, s.672.34). An individual found NCRMD is neither acquitted nor found guilty (Latimer and Lawrence 2006); the court or Review Board may make one of three dispositions: absolute discharge, conditional discharge, or detention in a hospital (Criminal Code, R.S.C. 1985, s.672.54)."

Read More
593 Words | 3 Pages

An incident where pleading insanity worked in one’s favor is heard in the case of Lee Robin. Lee Robin was a 30-year-old doctor who was charged with murder of his wife and his two year old daughter. Robin admitted to killing his wife with an ax and drowning his infant daughter. After the murders, Robin called the police and reported that there was “a problem” at his home. Soon after, the police arrived.

Read More
874 Words | 4 Pages

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.

Read More
1042 Words | 5 Pages

Insanity is not a valid defense for one main reason. You are either crazy or you are not. In the end, Mack Herring was acquitted for murder. He felt as if he was pressured into doing it and he also thought he was helping her by committing the crime.

Read More

More about Insanity Defense: Pros And Cons

Related Topics

Open Document