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Insanity and Law

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Submitted By tippdrill89
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There are rules regarding the insanity defense such as the M’Naughten, Durham, and Brawner rules. The M’Naughten rule a standard for judging legal insanity that requires that offenders not know what they were doing, or if they did, that they not know it was wrong. The Durham rule, a standard for judging legal insanity that holds that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect. And the Brawner rule A somewhat vague rule for determining insanity created in the 1972 federal court case of United States v. Brawner, since superseded by statute, that asks the jury to decide whether the defendant could be justly held responsible for the criminal act with which he or she stands charged in the face of any claims of insanity or mental incapacity. Then you have the Irresistible Impulse Test, Guilty but Mentally Ill. The Irresistible Impulse Test is a standard for judging legal insanity that holds that a defendant is not guilty of a criminal offense if the person, by virtue of his or her mental state or psychological condition, was not able to resist committing the crime. For example is a child is abused and the parent of that child kills the person for abuse The mother or father could argue they were enraged by the violation of the child and that he or she was unable to control their actions. He or she need to prove that they were mentally ill at the time of the crime. Guilty but mentally ill is a finding that offenders are guilty of the criminal offense with which they are charged, but because of their prevailing mental condition, they are generally sent to psychiatric hospitals for treatment rather than to prison. Once they have been declared cured, such offenders can be transferred to correctional facilities to serve out their sentences. The most useful that I find is the M’Naughten rule because it states that judging legal insanity that require that offenders not know what they were doing, or if they did, that they not know it was wrong. For example if a defendant was so deranged that he or she did not know the nature or quality of his or her actions, or if he or she know that what he or she was doing was wrong. But then again some people plead insanity to try and beat the system and try to avoid going to jail or prison for the crime they committed. People that say they are crazy they know what they did was wrong and they sometimes get away with it.

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