Essay This essay has been submitted by a student. This is not an example of the work written by our professional essay writers. These two tests were deemed to be too cognitive in nature, and therefore they needed to be improved to ensure that the insanity determination standard addressed the loop holes that had previously been identified. In the ALI standard, it established that an accused person cannot be held to be criminally responsible if the mental disease led him to lack the substantial capacity to determine his rightness or wrongfulness of his actions.
McNaughtan was under the impression that he was being prosecuted, so he reacted with murder. He was found not guilty by reason of insanity.
Following his trial, he spent the next twenty years in a mental asylum until his death. Inafter the attempted assassination of Ronald Reagan by John Hinckley, the insanity defense received a lot of harsh publish criticism. John Hickley was found not guilty by reason of insanity. Various people argued that Hinckley was guilty because the premeditation of the crime committed proved him to be sane, therefore the insanity defense should not have proved him not guilty.
Hickley was found not guilty by reason of insanity and remains in psyciatic care. This allows the mentally ill defendant to be found liable of his or her crime, but requires them to seek psychiatric treatment or be placed in a mental hospital.
When the defendants are well enough, they are moved to a prison to serve their sentences. Because of cases like this, the insanity defense still undergoes a lot of public criticism today.
Although, during a more recent trial of Jeffrey Dahmer, who mutilated and consumed his young victims, the defendant tried to use the insanity defense, but the jurors found the criminal both sane and guilty.
In another famous case, the Unabomber case, defendant Kaczynski refused to allow his attorney to present an insanity defense, and instead pled guilty Essays about the insanity defense was sentenced to a life in prison. Had he let his attorney go through with the temporary insanity plea, there is a good chance that Kaczynski would be a free man today and could potentially kill again.
As stated before, numerous people are opposed to the insanity defense. They are against the insanity defense because they see it as a means where the defendant can avoid the consequences of his or her actions.
People fear violent crimes and will be more apt to prosecute a criminal versus allowing the criminal another chance.
The public does not see this as punishment, because it is not. A short stint in a mental institution is nothing compared to serving hard time. Some studies suggest that prison time is ineffectual, that may be but isolating violent criminals is a public safety matter.
If left to their own devices, there is a very real possibility that they may strike again. The temporary insanity plea is almost always used in cases of extreme mutilation, murder, and other horrific crimes, yet after undergoing a physiological evaluation some of the most vile people earth are allowed to walk free.
Incomprehensibly, the very people who most deserve to be locked up for life are the ones who most often get off by claiming temporary insanity. Due to the violent nature of there crimes it is not a stretch to claim that they were insane.
The vast majority of violent criminals are repeat offenders, and that affects every taxpayer in the United States, because it costs tens of thousands of dollars just to run a criminal through the justice system, not to mention the cost of providing care for them afterward.
Once a person has proven they have the capacity to commit such an offence, they have proven that they are not fit to enjoy the freedoms that we as Americans are entitled.
The insanity defense is an excuse for criminals to break the law and have no bearing on punishments. In most criminal cases the insanity plea is just a defense strategy aimed at delivering guilty defendants from serving time in prison or getting the death penalty.
Most defendants that are found guilty by reason of insanity are released from the mental hospital years if not decades earlier than they would have been if they served their regular prison sentence.
The insanity defense allows criminals to avoid the punishments they should be receiving for the crime they committed. They found that less than one percent of criminal defendants used the insanity defense. Only a quarter of these resulted in successful acquittals. Currently, Idaho, Montana, and Utah banned insanity defenses, along with the supreme courts ruling.
Along with this, between sixty and seventy percent of cases in which the insanity plea is invoked are for crimes other then murder. In actuality, it is used approximately 0.
There are 51 different types of insanity defenses in the United States, one for each set of state laws, and one for federal law when dealing with someone pleading not guilty by reason of insanity. With astronomical operating costs of a psychiatric facility that increase the tax burden on every tax payer in the nation, especially the maximum security facilities that this caliber of criminal is housed at, the temporary insanity precedent set forth over a century ago should be phased out.
Unfortunately, murder and violent crime has and will continue to happen as long as there are human beings living in close proximity, it is and ugly and regrettable reality of human society.
There is no real solution to this horrible truth, but the closest and most logical option to preventing the deaths of more innocent people is for temporary insanity regulations to become much more strict.
Facts On File News Services. Arizona Insanity Defense Law Upheld.
How to cite this page Choose cite format:For years, the insanity defense has developed and turned into a difficult but sometime successful defense system in a court of law.
The exact law changes from state to . Insanity Defense: Why Should It Be Abolished Or Altered Introduction The insanity defense asserts that the criminal defendant is not guilty by reason of insanity. This theory should be abolished or altered.
- The Insanity Plea by Winslad and Ross: Summary The Insanity Plea is a book about the Uses & Abuses of the Insanity Defense in various cases. The book is by William J. Winslade and Judith Wilson Ross.
- The insanity defense is a defense asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime because, at the time of the crime, the person did not appreciate the nature or quality or wrongfulness of the acts.
Essay about The Insanity Defense Words | 5 Pages Each state, and the District of Columbia, has its own statute outlining the standard for determining whether a defendant is legally insane, therefore not responsible, at the time the crime is committed. The negative attitude of the use of the insanity defense stems from the belief that this form of defense is a loophole in the legal system, and it can easily be used by a person to avoid being prosecuted.