Insanity Defense: Why Should It Essay

Abstr featThe author of this paper argues several reasons why the mania exculpation should be changed or either eliminated. The reasons are considered and supported by evidence. The conclusion states that dementia should be neutered or eliminated for the safety and good being of society. alienation Defense Why Should It Be Abolished Or alteredIntroductionThe craziness defense asserts that the criminal defendant is not guilty by reason of insanity. This opening should be abolished or altered. The proposal behind the defense is tidy sum who are psychopathologic evictnot have the friendship required to perform a criminal act beca subroutine they either do not know that act is wrong or cannot control their actions even when they understand the act is wrong, but this possibleness is controversial beca social function insanity is tall(prenominal) to define, and the destiny in which insanity can be used to excuse criminal duty are difficult to define. History And BackgroundT he theory of the insanity defense has been around since ancient Greece and Rome. The theory was puke in to use by Edward II. Under the English common law, a person was state insane if their mental capacity was no more than a so-called wild beast. The basic insanity trials began in 1724, those whowere insane and under the age of 14 were ensnare not guilty in the dally of law. (Wiki 2011) This eventually led to any criminal or defendant being able to use the excuse to excuse the act that had been committed. Though the act was in place it wasnt upheld in court and wasnt problem at the time. In 1986 (Ford v. Wainwright) the US Supreme court upheld the common law that the insane cannot be executed. It also stated that a person under the close penalty is to be faden(p) a competency evaluation and a hearing in court on his or her chances to be executed. In Wainwright v. Greenfield the prosecutor can argue that a persons silence during the denotations of their Miranda rights is ev idence of insanity. (Wiki 2011) The court gives jurisdiction for insanity in different rules or a conclave of them.The MNagthen rule is where the defendant either did not understand what he or she did or failed to mark saturnine right from wrong, because the disease of the mind. The Irresistible Impulse test as a end of mental disease, defendant was unable to control his impulses, which led to the hatred committed. The Durham Rule regardless of any diagnosis, defendants mental defect resulted in the criminal act. Finally the Model Penal Code due to the diagnosed mentally ill defendant either failed to understand the criminal offence of his or her acts or was unable to act in spite of appearance the confines of the law. (Lally 1997)) The defense declares that a criminal defendant should not be guilty because the defendant is insane. Whens psyche commits a offensive in todays society he or she may use mental illness as a defense, know as insanity plea or insanity defense (Dub sinki 1986).What the insanity defense does is try to give the criminal a so-called fair trial. regular if the crime committed is really extreme and seems to be unruly. The problem arises where do we draw the line for these criminals. What commandment is a person considered insane and how is the tested? Insanity defense has been a problem in fresh years, and that all criminals have virtually sort of mental illness. The crime itself no matter how extreme questions the situation if it demonstrates insanity. It has been a major ordeal in our legal system today. If the criminals are considered insane and out of cope with with reality, the justice system agrees to pass the trial and the criminals are entered into a mental hospital. (Carpenter 2011) Criminals are then found not guilty by reason of insanity.The ProblemFor instance, the problem with insanity defense is legal analysts demonstrate each client or criminal from a legal angle, also conversing to different doctors as well as specialists. Each client has to undergo tests. They do not actually come up with scientific prove from the brain to say the person is either mentally ill or not. (Khan 2014) This is the hardest part of the insanity defense, determining whether or not that person is mentally insane or acting like it. How can a person who kills twelve commonwealth including women and children be allowed to live in mental hospital time the victims families suffer from the loss of their loved ones. Forensic psychiatrist Jonas Rappeport saw such pleas during his line century as chief medical officer of Baltimores Circuit Court said, When youve got no give defense, thats the way to go.(White 2011)The fact is sometimes these criminals are using the insanity defense to avoid the death penalty and continuing to live life in prison or mental hospitals, and under some circumstances are released from the mental hospitals af star signing the patients have been cured (Khan 2014). Any defendant can use the defense. Lorena Bobbitt argued she was temporarily insane when she severed her husbands penis with a kitchen knife four years ago. She was released after(prenominal) three months of psychiatric evaluation. (Carpenter 2011) Crimes happen everyday, some crimes are inexcusable and those who commit them should be punished. The punishment should see the crime if we do something that is equally as extreme as take a life from another(prenominal) person, we should not be allowed to defend ourselves by insanity. Murder should go charged which is why the insanity plea should be altered or erased. It allows the criminals to go unpunished for their crime.RebuttalThere are however many criminals who do have some type of mental illness, but still are not pensionable for the insanity plea. As shown in a recent survey of prison populations there are higher(prenominal) rates of mental illness and substance abuse among inmates than the general population. (Lally1997) The determining of insanity i s very difficult and can inaccurate. If the person is clinically insane what principles do we use to penalize the individual for the crimes they committed? If he or she does not know right from wrong and if the person is out of touch with reality, under what circumstances is the plea suitable for the crime committed? An example would be if shoplifter wascharged for his or her crime and uses the insanity plea as a defense saying they werent in touch with reality, we would give that person a reduced sentence. If the person confirms to be insane they need to receive help, if we decided to put that person into a prison it would not help them what so ever.The insanity plea is a very controversial topic many people think it should be erased others think it should be altered. The difficulty of ever-changing the plea is because of the determining if one is sane of not and under what right to do we have to prefer the faith of another person. Resolution Accordingly resolution is the insanity plea should be erased or abolished because its a threat to the American people. Considering a large number of Americans feel the insanity plea should be erased or even altered to protect peoples own safety. (Dubsinki 1986) Using the insanity plea in a murder case and getting away with disproves the American people. Imagine the reaction people would feel if a murderer who just recently left the mental institution after pleading mentally insane were walking shoulder to shoulder to them. Insanity should not be used as a so-called excuse to avoid the punishment of the crime someone has committed. They should be punished for their actions they choose to do and neither the justice or court system should have a say in that.Even though the difficulty to prove sanity is questionable, the person should go through a broader series of tests and have evidence compelling towards insanity. (Harris 2013) If this person is sent to a mental hospital and then is considered cured or not a threat, h e or she free to go which is wrong and corrupt. We should have firm standard for judging whether a person is mentally ill or not. Conclusion Thus, the plea should be altered or even erased in some circumstances. Even though some of crimes committed would result in a death penalty for those who murder and kill for no reason. If that person is insane, the punishments should fit the crime they have committed. If they are unaware of what they were doing and the result is being found not guilty, who is to say that they leave behind not commit another crime again. Murder should be punished with death in my opinion and the crime should fit the punishment and there should be no alibi in the court system. If we let these people continue to use this excuse eventually our jails and mental will be full and the government will be spending even moremoney. (Harris 2013) Taking these so called mentally insane people off the streets will give America a safer conscious.References,Dubsinki, K. D. (19 86, July 15). Insanity Defense. In Chicago Tribute. Retrieved March 28, 2014, from http//articles.chicagotribune.comKhan, Z. (2014, March 21). wonder by HK Khan Personal Interview. Insanity defense Harris, M. (2013, January 14). Insanity plea repeated. In The Baltimore Sun . Retrieved March 20, 2014, from http//articles.baltimoresun.com/2009-01-14/Insanity defense (2011, April 11). In Wikipedia . Retrieved April 17, 2014, from http//en.wikipedia.org/wiki/Insanity_defenseCarpenter, P. (2011, December 29). Legal system needs to rethink insanity, related defense ploys. In The Morning Call . Retrieved April 17, 2014, from http//articles.mcall.com/ White, M. D. (2011, January 11). Debating the Insanity Defense. In Psychology Today . Retrieved April 16, 2014, from http//www.psychologytoday.com/blog/ Lally, S. (1997, November 3). Drawing a shed light on Line Between Criminals and the Criminally Insane. In Washington Post. Retrieved April 20, 2014, from http//www.washingtonpost.com/wp-srv /local/longterm/aron/expert1123.htm