...Is it possible to get away with murder? Or any crime? If you plead defense of insanity you might. Many people over the years have pled that they aren’t criminally responsible or had an episode when they were committing a crime. The insanity defense was first brought into Canadian Legislation in the criminal code, 1892. It was thought that if someone was “incapable of appreciating the nature and quality of the act or omission” (Pilon, 1999) they were not criminally responsible. Although pleading insanity can be a scapegoat, some accused are not criminally responsible. The court has to determine if the defendant is fit for trial, conforms to the definition of insanity and look at treatment options. When someone commits a crime and they have...
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...I believe that the insanity defense is valid in situations when it is necessary. Many people believe that anyone can plea inanity and that those who do so, do so because they want to avoid a guilty plea. However, in our book it says that because the definitions of insanity vary, “insanity defense is not a haven for the faker, but instead a situation in which people with severe psychological and psychiatric problems often end up in prisons rather than hospitals,” (Fulero &Wrightsman, 2009). This proves that not everyone can plead insanity and those that do, do not always escape punishment. Therefore, it is valid, because not everyone can use it and those that should, do not even get special treatment. Yes, an individual’s state of mind at the...
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...Introduction In this paper, you will read about the different insanity statutes being used in our country and a little about how they became our insanity statutes. I am going to discuss which insanity statute is being used in the state I live in and how often it is used. Since we will know how often this defense is used, you will also learn how successful it is. I will discuss the major criticisms and whether the psychologist should provide an ultimate opinion in sanity cases. Lastly, we will learn about some of the difficulties in providing appropriate psychological treatment for the mentally ill who are not seen as insane and are subsequently convicted of their charges, while incarcerated. The Insanity Defense During a pretrial a defendant may opt to plea “not guilty by reason of insanity” (NGRI). The insanity statutes are; The M’Naughten Rule, Model Penal Code (which is now known as the Brawner Rule). “The M’Naughten rule was developed to determine whether or not an individual accused of a crime was mentally ill at the time the crime was committed, and if they would be held criminally responsible for their “wrongdoing” (M’Naughten Rule, n.d.). The Brawner Rule “states that a defendant is not responsible for criminal conduct if he, ‘at the time of such conduct as a result of mental disease or defect, [lacks] substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of the law’” (Greene, 2010 p 210)...
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...The Insanity Defense The insanity defense refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of mental disease. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of a case. These instructions can be drawn from any of several rules used in the determination of mental illness. The final determination of mental illness rests solely on the jury who uses information drawn from the testimony of "expert" witnesses, usually professionals in the field of psychology. The net result of such a determination places an individual accordingly, be it placement in a mental facility, incarceration, or outright release. Due to these aforementioned factors, there are several problems raised by the existence of the insanity defense. Problems such as the actual possibility of determining mental illness, justifiable placement of judged "mentally ill" offenders, and the overall usefulness of such a defense. In all, I believe that these problems, as well as others which will be mentioned later, lead us to the conclusion that the insanity defense is useless and should be abolished entirely. Insanity is a legal, not a medical definition. Therefore, mental illness and insanity are not synonymous: only some mental illness constitutes insanity. Insanity, however, includes not only mental illness but also mental deficiencies. Due to...
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...Insanity Defense Donita Estes, Patrick Fostso, Jennia McCray, Yasmine McGee, Inga Payne CJA/354 October 22, 2012 Samara Belgarde, J.D. Insanity Defense The criminal justice system in America is one of the fair systems in the world where anyone will be innocent until proven of guilt. The whole concept of the court system emphasizes how our laws work regardless where we come from and how we look like or healthy or not anyone is entitles of due process. The idea that our justice and court system are fair to anyone on trial due to an arrest by probable cause and sentencing by a verdict guilty and not guilty of the jury. In the case or State v. Stu Dents, where the defendant was accused of killing his former girlfriend. We are going to elaborate how the charge of insanity can be plead in the defense case and in the other hand give some understanding how this plead play a role in the defendant case during the trial and after the trial in some states and particular California. Does your team feel this defendant is competent to stand trial? Why or why not? We believe that the defendant may not be competent to stand trial, due to the fact that he had has emotionally and mental issues. The defendant has no knowledge of the crime or its consequences, if put on the stand he may revert back to that emotional state of mind and will not be able to give and accurate statement and will not be able to understand charges and sentencing. What is required in your state for an insanity...
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...Insanity Defense Paper Team B CJS/305 June 1, 2015 David Harper Insanity Defense Paper Mr. Stu Dents is charged with the murder of his girlfriend and a legal team has been chosen to represent him. At the time of his arrest, Mr. Dents was witnessed by police yelling such things as “Alien” and “I am God, let me go! I am God!” Now facing not only homicide but several other criminal charges such as burglary, assault on police, and kidnapping, Mr. Dents has made the choice to plead insanity. However, the question remains as to whether or not there is enough for an insanity defense. Should Mr. Dents stand trial? What are the state requirements for an insanity defense? What steps must be taken to prove insanity? Trial Mr. Dents’ defense team needs to decide if he should stand trial or not. Based on his arrest information a reasonable person would believe Mr. Dents to suffer from some sort of mental illness. However, when deciding if a defendant should stand trial or not the decision is not based on their mindset during the crime or the arrest. The decision is based on the mental state of the defendant at the start of trial. According to Criminal Law Today, “a person is competent to stand trial if he or she, at the time of trial, has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings” (Schmalleger, Hall, & Dolatowski, 2014). Mr. Dents has already consulted...
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...Criminal Defense Case Analysis Melissa Bowman CJA/305 January 30, 2016 Jerri Green Introduction This paper will go over two cases that explain the nature and types of defense used and the evidence used to demonstrate the defense. The first case explained will discuss Andrea Yates, a mom who killed her five children on grounds of insanity. The next case Jean Harris also claimed to be insane and by accident killed someone by accident as she tried to commit suicide. It will also address how justification and excuse play a role in the cases. Lastly, the outcomes of each case will be given. Explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. There are multiple types of defense, justification and excuse are affirmative defenses. This is when it must be raised or asserted by the defendant independently of any claims made by the prosecutor. The first case to be explained is about Andrea Yates, the type of defense she chooses was innocence by reason of insanity Andrea Yates Biography. (2016). She had cited postpartum psychosis. Yates was treated for postpartum depression and psychosis; they showed that the illness ran in her family. The birth of her fifth child and death of her father was shown as a reason she fell into a severe depression. She had been admitted to Devereux-Texas Treatment Network and was put on psychotropic drug treatments Andrea Yates Biography. (2016). She was accused of drowning all five...
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...The Insanity Defense is one of many defenses to criminal liability that falls under the Excuse defense. When a person pleads excuse they admit that what they did was wrong, but under the circumstances they were put in, they aren’t responsible and shouldn’t be held responsible. Excuse defenses are presented after the prosecution has proved their case beyond a reasonable doubt, and when the defendant has yet to prove that their conduct was justified. When using the insanity defense, the defendant has to carry some of the burden of proof, proving that they have an excuse in order to avoid criminal responsibility. Insanity is a legal term used that refers to a mental disease or defect which would impair a person’s reason or will to control their actions. Much of the public...
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...Misrepresentation The vast majority of attorneys do not double as doctors, leaving medicine a grey area among courtroom officials. How can a mentally ill person receive the correct representation if the attorney defending them lacks understanding? Books like the Diagnostic and Statistical Manual 5 are attorneys and judges only source of direct knowledge of any mental deficits without expert testimonies. The DSM-5 provides criteria for a diagnosis but accepts and acknowledges that there may be unpredictable circumstances (Davis, 2016). A poll taken among 166 prosecutors and 118 defense attorneys, from various cities and counties, shows that 75% of these court room professionals agree the burden of proving mental defect is on the defense attorney...
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...Insanity defense is a mental disorder people use in criminal trials, saying that they were not in their right mind when they committed that crime. These people argue that, they shouldn’t be charge for a crime they committed, because they didn’t know better. In some cases those who committed crimes weren’t in their right state of mind, but other use this excuse to get out of jail time. A documented history of mental illness should be clearly stated be clearly established in insanity defense. Instead of the person just claiming they are crazy and getting away with the crime. The background of insanity defense McNaughton stated that “if a mad man or a natural fool, or a lunatic in the time of his lunacy do, this is no felonious act for they cannot be said to have any understanding will”. Then came the wild beast case (pbs.com insanity defense background) that started in the late 18th century. This test was used to see if the person who committed the crime was insane at the time, their actions should be of a baby or animal. In 1984 insanity defense Act was created, after the case on Hinckley and Ronald Reagan....
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...This article is trying to show that the public has an inaccurate perception of the Insanity Defense. Even though, the public does acknowledge that there is a need for the insanity defense to exist, but it is “considered a loophole , that allows too many guilty people to go free.” (Silver, Cirincione, & Steadman, 1994) The method for this article is study of a sample that was taken among different counties in eight states, to meet the criteria, they wanted to obtain two thirds of all the insanity acquittals in each state. There was a total of forty-nine counties that was looked at and they used defendants that entered an insanity plea anytime during their defense between 1976 and 1985. (Silver, Cirincione, & Steadman, 1994). Things that was took into consideration was the demographic characteristics of the defendant, such as arrest, charge, victim characteristics, verdict and sentence...
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...Also after reading famous insanity defense cases, there is also a pattern. Most of the time, the murder would be convicted as guilty, but there are two cases that were similar and both people were found not guilty. The two cases I am talking about is, 1977, Francine Hughes lit her husband on fire and killed him, and the other case is the 1994, Lorena Bobbit cut off her penis while he was sleeping. Both cases are similar because both were victim of abuse. Of course, years after being torture, mentally and physically there will be scars and cause people to have abnormal mentalities. Though to kill someone, I think that’s a bit extreme. No one deserve to die, if anything they deserve to be punish, but by the law. In 1977 case, it mentioned how the case was found not guilty and soon...
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...the Insanity Defense Shorter University Abstract There are many cases that exist currently and historically regarding the “Insanity Defense.” In some cases, those convicted for murderous crimes, was said to be guilty by reason of insanity (NGRI). In other words, the person that committed the crime, was not made aware of his or her actions at the time when the crime was committed or the perpetrator was not in his or her right mind; therefore, causing him or her to have some form of mental illness. However, the question becomes are there ethical issues within the use of this plea? The criminal justice system is supposed to protect the lives of others. In many cases, it only becomes a question of ethics if there is a misuse of the insanity defense. This defense can sometimes cause one to question this defense because victims of the perpetrator are left to resolve the death of their loved ones based on guilty by reason of insanity. In some situations, criminals are not competent to stand trial for their crime, which for families of the victims, closure seems to be never ending, especially if there is not a death or life sentence involved. However, criminals that commit crimes without knowledge of the act should be entitled to receive proper help and receive a fair trial. Therefore, this paper will focus on the history of the insanity defense and how the insanity defense came into play. A synopsis of some familiar cases involving the use of the insanity defense will be discussed...
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...Beneficial Defense In keeping the insanity defense, as it stands, the benefits outweigh the problems. This defense fixes problems with the mentally insane and leads to curing more of the mentally ill. Viewing the defense as a benefit seems to fit if it helps more people than it harms, although other views have been brought against it opposing the defense. The jurisdictions that have kept the defense see it rarely and take it as a claim of innocence. The innocent people who have severe mental illness might finally have an opportunity to become viable members of society through rehabilitation. This plea may also shed light on the severity and seriousness that mental illness plays in our communities as these individuals are of great...
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...An insanity defense requires that an individual not be aware of their actions during a mental episode, and that is how Andrea Yates got away with the murderous drowning of her five children. On the other end of the spectrum, there is self-defense, which states that “based on the recognition that individuals have an inherent right to protect themselves and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations” (Schmalleger & Hall, 2014) and protection of property; and this is the defense that Markus Kaarma attempted to use in order to justify the killing of a repeat intruder into his garage. In June 2001, Andrea Yates – a mother of five young children who had a history of mental issues and battled postpartum depression – drowned her children in the household bathtub in order to, as she claimed, save their souls from Satan (CNN, 2007). “Yates turned herself in immediately after the drowning deaths… because she thought her own death would fulfill a Biblical prophecy: If she were executed, Satan would be executed” (CNN, 2007) – during her psychosis, she believed that she was doing the right thing. Yates’ first trial, after only a few hours of deliberation, resulted in the jury finding her guilty of capital murder, but did not believe she should receive the death penalty, but rather life in prison (CNN, 2007). However, after an appeal and during her second trial, she was acquitted of the capital murder charges, and was only charged...
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