The Insanity Defense

Words: 1146
Pages: 5
Open Document
The insanity defense is a subject many Americans know little about. The insanity defense is referred to the criminal’s state of mind at the time of the offense. The offenders mental illness lacks moral responsibility and liability for the crime committed. The clinical psychologist needs to look into the past of the offender for traces of hospitalization and history of violence. A psychologist cannot determine if an offender is clinically insane because that is the legal definition. A mentally ill person cannot be incarcerated because they did not know their actions were wrong. A criminal must have the evil mind to understand their wrongdoing, also known as mens rea. Mens rea has to be present at the time of the offense in order to be held …show more content…
The insanity defense is one of those laws that determine if offenders lose their liberty. The insanity defense might mitigate punishment but According to Christopher Slobogin, these defenses require proof of mental disability as a predicate (2015). Mental disability is the inability to build a determined thought of committing a crime. An organization called The Convention on the Rights of Persons with disabilities states that they want to abolish the special defense of insanity (Slobogin, 2015). The organization says if the defense excuses criminal activities it must focus on the “subjective element of the offense” (Slobogin, 2015). Slobogin proposes an integrationist model to criminal law pertaining to mental disability as a defense. This model provides people with mental disabilities the same defenses as offenders without disabilities. Slobogin created three propositions for his model. The first proposition of the model is that modern statutes have moved toward subjectification of mens rea and the insanity defense has lost its significance (Slobogin, 2015). The second proposition is that the integrationist model explains why mentally disordered persons should be excused because the insanity defense does not differentiate those that are excused and those who are not (Slobogin, 2015). The third is to focus on treatment and encourage the legitimacy of the criminal justice system (Slobogin, 2015). The …show more content…
The right to protect individuals with mental disabilities is¬ not guaranteed in some states’ criminal law statutes. According to Stephen J. Morse and Richard J. Bonnie, the state of Idaho abolished the insanity defense in the early 1980’s and implemented other provisions for handling these individuals (2013). Idaho allows offenders to introduce evidence of mental defect “solely for the purpose of negating the mens rea” needed for a crime to be charged (Morse & Bonnie, 2013). The case of Delling v. Idaho put these provisions into play. Delling was charged with murder by planning and murdering a few individuals. Delling knew the wrongfulness of his acts but because of his paranoid schizophrenia, he believed he needed to kill them to save his life. Mr. Delling had the mens rea necessary for murder but did not appreciate the wrongfulness of his conduct. Certiorari was denied. The states that blame and punishment these individuals are fundamentally unfair and thus a violation of the due process clause if an offender was not responsible for his crime (Morse, Bonnie 2013). The defense implies that mental disabilities cause un-rational understanding of the unlawful act at the time of the offense. The offenders with mental disabilities do not deserve full blame and punishment as in the Delling case (Morse, Bonnie 2013). The court system recognizes that some impaired
Show More

Related Documents: The Insanity Defense

Insanity Defense

The Insanity Defense What is the insanity plea? What was the M’Naghten case? These are questions lawyers and judges are often asked. Most people do not understand this area of law much at all. The insanity defense is widely misunderstood because of the ways somebody is diagnosed as insane, the differences between clinically and legally insane, and the defense attornies’ arguments often do not make it clear. There are small but distinct differences between the types of insanity. First there are…

Words 775 - Pages 4

Insanity Defense Paper

Insanity Defense Paper The insanity defense is a topic that seems to gain a lot of interest even though it is seldom used and only a few cases that called upon are in fact triumphant. So why is this issue so appealing to the general public taking into consideration its rarity? The answer could be a combination of highly publicized cases that use it and the public’s misunderstanding of exactly what happens when someone is found “not guilty by reason of insanity”. It is because…

Words 776 - Pages 4

Insanity Defense Essay

September 1, 2014 Insanity Defense: Support it or Abolish it? Should the United States of America keep or abolish the Insanity Defense? “In criminal trials, the insanity defenses are possible defenses by excuse, an affirmative defense by which defendants argue that they should not be held criminally liable for breaking the law because they were legally insane at the time of the commission of alleged crimes. A defendant attempting such a defense will often be required to undergo…

Words 887 - Pages 4

Insanity: Evolving Insanity Defense Essay

In the United States, criminals are innocent until proven guilty. There are opportunities in the criminal justice system where several defenses have been build into the system that can be used to lessen a sentence or to negate guilt due to a mental state. But why do we offer such things to people who have done such harm? Criminal Law is societies contract with itself. It governs what people can and cannot do, what happens when they do break that law and what appropriate punishment fits the crime…

Words 1733 - Pages 7

The Implications of Insanity Defense Essay

The implications of Insanity Defense Tirzah Lopez Psychology -101 Joan Rafter Hudson County Community College 12/5/2013 The Insanity Defense: implications Introduction When a court of law determines that a defendant is legally insane, it does not hold the defendant responsible for his actions. This defense is possible when an individual applies for an insanity defense. This places an argument that his actions were the result of a mental…

Words 1292 - Pages 6

Insanity Defense Research Paper

Whitney Gonsalves Mrs. Dalton English Language Arts 12, Hour 5 31 October 2016 Rough Draft Is the insanity plea a valid one in criminal cases and what kind of assessment could be used to prove a person is criminally insane? The insanity defense states that a criminal is not guilty by reason of insanity. The theory is that the criminal either did not know the act was wrong or cannot control their violent actions even when they understand that what they did was wrong. This theory is also controversial…

Words 1414 - Pages 6

Insanity Defense Ethical Analysis

come into play in insanity defense evaluations. The ethical issues of insanity evaluations have good ethical practices as well as bad. However, there is two distinctions in which the ethical issues on general psychology, and forensic psychology differ. General psychology has a traditional doctor-patient relationship whereas forensic psychology has examiner-examinee relationship. Furthermore, in forensic psychology which is most important within the topic of insanity defense evaluations other…

Words 313 - Pages 2

Leszkay Insanity Defense Summary

rules, and regulations about its legal definition of insanity(Leszkay, 2012). As a matter of fact there are some general concepts that can be used to understand what it means to be legally insane. Leszkay emphasize the importance of the insanity defense by stating “insanity defense is rarely used and has even been abolished in some states (Leszkay, 2012).” In a word, insanity is generally considered an "excuse" to committing a crime. “An excuse defense is where, even though the defendant engaged in criminal…

Words 1036 - Pages 5

Insanity Defense Research Paper

Not guilty by reason of insanity has perplexed the most qualified legal and psychiatric professionals for centuries. The insanity defense is rooted in the belief that when a person is so mentally disturbed that their irrationality or compulsion is impossible to control, it would be unfair to punish them in such an extreme condition (4). This beginning the argument of is the mental health of an individual more important than them paying for their crimes. The insanity defense has become a media sensation…

Words 597 - Pages 3

Insanity Defense Argumentative Analysis

incapable of understanding on how the insanity defense is used the court system. With the variety of tests that have been created and their impact on previous cases, like with how John Hinckley was found not guilty by the ALI system of insanity defense created controversy forever influenced peoples perspective on the defense. Then when watching Lionel's video, he stated that when juror's see the crime photo's that they cannot truly understand why the defenses were created, and try to apply it to defendants…

Words 136 - Pages 1