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Pros And Cons Of The Insanity Claims

1236 Words5 Pages

Mental illness has typically been a very taboo topic; just a piece of fiction in the minds of our ancestors. With this modern age of technological advancements comes mental health awareness in both our communities and in our courtrooms. Often times when the insanity claim is presented or brought up, what comes to mind is someone is crazy or they are just using the insanity claim for an easy out. This comes with its controversy and boils into the debate on if the insanity claim is justified or should even be used. The insanity claim is one of the only true laws that are present to defend those who just didn’t know any better but due to their own mental state. This piece of law is unique in multiple different aspects; from the way one is proven …show more content…

When people think of the insanity claim, they typically think of something drastic and unforgivable as murder, but in all actuality and according to this source “60 to 70 percent of insanity pleas are for crimes other than murder” (Insanity Defense Is) which shows that majority of the time the insanity claim is hardly used, much less effective. However it is shown that forty-eight out of the fifty United States have the insanity claim as a defense along with multiple European and Asian countries which shows that there is a use for this; the insanity claim does serve a purpose. Of course, controversy lies as “these myths have led to the belief that criminals can avoid punishment by claiming insanity” (Insanity Defense Is) but this couldn’t be correct as “juries find only 20 percent of defendants who plead insanity” (Insanity Defense Is). Along with what this statistic shows, it proves that while the defense varies from state to state, there is a foundation that remains to insure that people who are looking for a lighter sentence don’t get that right that is reserved for those that actually need …show more content…

But just how mentally ill does a person have to be in order to be given the stamp of approval of being legally insane? The defendant must be able to pass The “M’Naghten Rule” which requires the defendant to either “not understand what he or she did, or failed to distinguish right from wrong, because of a “disease of mind”” (Reuters, Thomas) along with this, one that is looking to be found innocent by pleading insanity must pass The “Irresistible Impulse” Test. This is a test of impulses to see whether or not the guilty party presents any traits along the lines of “impulsive” and lacking control of actions. There are many other different tests and procedures to attempt to get to the bottom of the day old question: how is one deemed

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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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Two Arguments Against The Insanity Defense By Thomas Szasz

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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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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.

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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.

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Most courts require additional elements to acquit the defendant even if he or she has proven not in control of his or her behavior (“Insanity Defense Pros and Cons”). Other elements include witnesses or the previous medical records of the defendant. Without the prior knowledge of the defendant's mental situation the defense has no back up information or proof. Jurisdictions allowing the defense to still stand will undoubtedly turn down the plea for insanity without those records shared in court. The records need to hold substantial information stating that the defendant was so mentally ill that they did not know right from wrong during the time of the crime or has a disease such as schizophrenia or other causing sporadic mental incapacities in order to prove the burden of proof of beyond a reasonable doubt.

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Critics of the insanity plea often contend that a crime is still a crime, and it does not matter who committed it, sane or insane. Opponents of this defense also question, “They are criminals, so who cares if they are sent away?” In truth, it is still a crime, however, this crime cannot be considered guilty, if the defendant had no criminal intent to do so. When dealing with a person who is mentally incapable to comprehend and do certain things, one must analyze their thought process. Some people are eminently schizophrenic, and believe they are doing the world a favor by “eliminating” another individual.

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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.

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However, by taking a look at the other side of the spectrum, it is clear to see that just because the insanity defense is used does not mean that all people believe it should be. One of the major arguments against the insanity defense is that defendants are only using the insanity plea in order to get out of their criminal charges by either faking or dramatizing a mental illness. It's also a common argument that there is no real way to measure someone's true sanity, and so it is very difficult to determine if someone is faking being insane. Morse states that this defense confuses “causation with excuse or moral and legal concepts with medical concepts.” This shows that many believe morals and ideals do not directly relate to medical ideals, so by using one to justify the other just isn't fair nor right to the legal system.

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The legal definition of insanity is, “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,” and this can be proved to be allowed to the defendant's case. For this, the defendant should receive the insanity plea to receive help for his crippling illness.

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This case, while Monte Durham wasn’t able to be proven insane, lead to reformations of the M’naghten Rule that would eventually be called the Durham Rule. Going back to Fersch’ book, this would implement more scientific approaches to determine if somebody was legally insane (3). Later in 1984, President Reagan would implement the Comprehensive Crime Control Act that required criminals to prove that they are mentally insane. With the history of the insanity defense concluded, let us take a look at some cases where the insanity defense is involved as the criminal’s reason for their

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The insanity defense proves defendants not guilty by arguing that at the time of the crime they lacked the mental capacity to realize that they were committing a crime. This defense is currently used in 46 states, some of which allow defendants to argue that they had no control over their actions even if they realized that what they were doing was unlawful (Mental Health America). The insanity defense was created to impose a moral check on the judicial system; many people argued that if children aren’t punished for crimes because they are too young to realize that their actions are wrong, then adults who aren’t mentally capable of making this distinction shouldn’t be punished either. This defense, however, is often abused, which defeats its

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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.

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