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Insanity In Delaware Case Study

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The defendant does not meet the standard for legal insanity in Delaware, using the American Legal Institute Test. Although, Howard the defendant, had a mental disorder Bipolar 2, it did not cause impairment at the time of the sexual assault. Mood disorders are relevant to volitional tests, but not to cognitive tests. Since Delaware is under ALI, it has to prove that both the cognitive and volitional prong was passed. Howard sexually assaulted, his ex-coworker out of his own control and sane mindset. Since Howard knew it was criminally wrong, would not pass the statement of “appreciate the wrongfulness”. Within the boundaries of the ALI test, Howard does not meet the legal terms for insanity because he failed to cognitive and volitional prongs. …show more content…

Howard once again did not pass this prong because he was in control of himself and the situation. Howard says he did not have a goal during the attack, but he has unconsciously been thinking about raping her from the weeks before. He has been sexualzing Stacy ever since she turned him down by supplementing the strippers. Howard had a goal, without planning it ahead of time. He has been constantity waiting for the day to see her again and he took the opportunity because he knew he would probably never again. He made the choice of grabbing her and moving her to the alley. He had volition when he grabbed her and then dragged her by the hair instead of just leaving her be. Each of these actions he made the decision to do so, he knew what he was doing when drove off we her. Howard had free will to make decisions and his mood disorder did not prevent him from doing this. Howard had a regard for apprehension because he moved from the three witness before raping Stacy. Howard knew exactly what he was doing because when he was caught by the police, he admitted he did it. That means he knew it was legally wrong to rape her. Howard failed the volitional prong because he was making his own a decisions of taking steps in protecting

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The McNaughton rule was used, and it is “the ancient British importation which contends that if the accused knew the nature of his act, and knew it was wrong, then he is mentally competent and responsible for his actions” (Capote, 169-170). The opposition, those on the state’s side, supported its use as they believed it would prevent a “temporary insanity” (Capote, 169) ruling. It was upheld, largely as it was the custom in Kansas at that time. However, the doctor who came to evaluate Dick and Perry believes that Dick is most likely healthy, but that Perry was most likely mentally ill, “his present personality structure is very nearly that of a paranoid schizophrenic reaction,” (Capote, 189). Dr. Jones had a colleague of his evaluate Perry, and they both agree that Perry seems to be of a sort of murderer that is capable of logical thought, but is not always capable of logical action.

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It confirms the already assumed. During the court trial, Dr. Jones was asked “From your conversations and examination of Perry Edward Smith, do you have an opinion as to whether he knew right from wrong at the time of the offense involved in this action?” (296). The doctor replies with a simple no. I strongly disagree what the doctor decides to reply. He claims he has no opinion because of Perry having no opinion.

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The volitional test was originally created as an addition to the McNaughtan test in order to equally protect those who realized that what they were doing was wrong but couldn’t control themselves. This portion of the insanity defense will be used in cases such as William Heirens’, who killed a large number of young females and then wrote on the living room wall in lipstick, “For heavens sake catch me before I kill more I cannot control myself” (Brooks 129). Although the volitional prong has good moral intensions, it clearly generates abuse to the insanity defense because there is such a slim difference between those who qualify for the defense and those who manage to control their behavior. Both the definition of “mentally ill” and the concept of the volitional prong are not backed by sufficient scientific knowledge. With this in mind, psychiatrists clearly don’t have enough bases to measure people’s ability to maintain self control.

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