Moreover, the more successful bids for an insanity plea generally involve persons with past history of mental illness. Otherwise, it proves to be significantly more challenging to convince a court that the defendant is mentally ill. Thus, I think that the issue of defendants faking mental illness, or pretending to be insane is unnecessary as there are many precautions and measures put in place specifically to prevent this
These factors of sexual assault are just some reasons for the underreporting of sexual assault. The problem with these instances is that they are common and make it hard for victims of sexual assault to find relief from the justice system. The underreporting of sexual assault gives assailants a chance to commit the crime again and involve another person. This can be problematic because victims feel that they are the only people subject to victimization. This implies assailants are free to do what they want to without restrain.
offers a socially accepted reason for failure to cope, especially if all miseries can be pinned on those diseases (Wessely, 2006). Cons in Labeling In contrast, Wessely also argued against the act of diagnosis for the most part thrive on the mediating effects of pessimistic illness beliefs on the course of complaints. Diagnosis elicits the belief the patient has a serious disease, leading to symptom focusing that become self-validating and self-reinforcing and that renders worse outcomes (Wessely, 2006). Diagnosis leads to transgression into the sick role, the act of becoming a patient even if complaints do not call for it. The development of an illness identify and the experience of victimization.
They often fall under the radar and are simply described as odd, peculiar, dramatic, or unusual (Sue, Sue, & Sue, 2013, p.450). Some personality disorders can even be described as manipulative and evil—a common conception when regarding the antisocial personality disorder. Antisocial personality disorders is probably one the most challenging, (if not the most challenging) personality disorder to work with. This disorder focuses on manipulative behavior, apathetic behavior, and selfish behavior. Individuals with antisocial personality disorder are also unaware of how their actions affect others.
It may seem that physical deterioration is the same as pain, but in this case, it is not. This type of physical deterioration is with the loss of community, which many believe to result in the loss of self, autonomy, and independence (Nolan n. pag.). The loss of self and autonomy is surely different than the common reason of the infliction of pain causing patients to commit to euthanasia or assisted suicide (Nolan n. pag.).
Some people may believe that once you have lied you are untruthful to another person . For example, Immanuel Kant says a lie even if does not wrong to any particular individual always harms mankind individually . (4) This argument is wrong because you are not hurting mankind you are protecting someone from harm . Another common counterpoint is that people believe when you are lying you are unnecessarily complicating your life . For example Brad Blanton an author says lying is stressful and hurts relationships .
The insanity plea is one of the most controversial and problematic defense strategies used in court cases. It becomes so problematical when someone determines the sanity of a person, because where does the line cross from insane and sane. The insanity plea is the least common mechanism that defendants and lawyers use as a plea. Sometimes it is accurate and the defendant is treated properly in a mental institute for awhile; whereas in other cases it is used as “get out of jail free card.” Credibility is one of the hardest things to measure but insanity is the most difficult to judge.
In my opinion I don’t believe that the cognitive test goes far enough. The cognitive test is used in evaluating whether a defendant may rely on an insanity defense.  An insanity defense is pretty intense and hard to prove. The cognitive test eliminates other mental incapacity before they can be explained. Other tests will allow for other mental conditions to look at more in-depth.
Does that affect your answer? I do not agree with Feinberg’s decision rule that there has to be a physical injury in order to get compensation. Yes, I do agree that if that was not there, every individual would come and ask for compensation. But he could have asked for something like a doctor’s certification to show that the person is mentally unstable. Thus his idea was right, but the way he had implemented it was not right.
The practice is also called Victim-Offender Reconciliation because the mediation helps them to create a mutually agreeable plan to repair any damages that occurred as a result of the crime. The major benefit of this process is that it humanizes the “criminal justice process” as when the offenders are brought in front of the victims, the harm caused by them becomes evident in front of them, leaving no scope to justify or rationalize their heinous act. Furthermore, it is expected that this individual interaction will instill in the offender a sense of compassion for the victim, hence making it more difficult for the offender to replicate his wrong-doings in the future. • Family Group Conferencing (FGC): In this process, along with the primary victim and offender, the victim’s kin, the offender’s family members, and others connected to the offender or victim may also participate in this kind of dialogue session. FGC is often the most apposite method for juvenile cases, due to the significant role of family in any juvenile offenders’ life.