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Insanity Defense

1529 Words7 Pages

In order to convict a criminal, prosecutors are required to prove guilt beyond a reasonable doubt. The most common criminal defenses fall under two categories, excuse and justification. An excuse is when a person admits to committing a criminal act but believes that he or she can’t be held responsible because there was no criminal content. Some excuses used in court today are; mental disorder, infancy (age), mistake of fact, mistake of law and automatism. In justification defenses, the accused admits to wrongdoing but argues that he or she should be freed from culpability or assessed reduced liability for the crime due to mitigating circumstances surrounding offense. These defenses are factors that excuse a competent person from liability for a criminal act. Some examples of a justification defense are duress, entrapment, self-defense, and provocation. Starting with excuse defenses, a mental disorder is a disease of the mind. “Disease of the mind”, is any illness, disorder, or abnormal condition which impairs the human mind and its functioning. It excludes temporary conditions of alcohol, drugs, hysteria or concussion. People use this as an excuse to criminal liability because mental illness is covered under section 16 of the Criminal Code. The insanity defense prevents a mentally-incapacitated person from …show more content…

Regardless, they were in a state of mind in which they had no control over their actions, they didn’t comprehend what they were doing or they were unable to interpret that what they were doing was wrong, or illegal. Automatism is a very particular defense and hard to prove in trial, it’s also similar to the insanity defense which means some courts don’t recognize it as a separate

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Examples Of Not Guilty By Reason Of Insanity

641 Words | 3 Pages

Not Guilty by Reason of Insanity (NGRI) is a form of insanity defense that allows for an individual to not be found guilty of a crime due to a mental defect or disease that results in a lack of mens rea, or the capability to intentionally commit a crime. However, simply having a mental illness or defect does not guarantee that an offender will be found NGRI. Not only would a defendant have to have a major or severe mental illness or disease, but the defendant would have to prove that their condition impaired them so greatly as to not have any control over their behavior or any concept that they had done anything wrong at the time of the offense. Although Bob undoubtedly had a diminished capacity for logic and reason in this case, the example as given does not provide enough detail to determine the nature of Bob’s personality or his potential motives in committing this crime. Nevertheless, there is one major flaw to Bob’s insanity defense: he tried to hide the crime.

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Case Study Of Clark V. Arizona, 548 US

801 Words | 4 Pages

Under Ariz. Rev. Stat. Ann. § 13-502, does Aaron Wilson, 1) suffer from a mental disease or defect at the time of the incident, and 2) know right from wrong at the time of the incident; and will therefore be found guilty except insane? A.R.S § 13-502 states “a person may be found guilty except insane if at the time of the commission of the criminal act, the person was afflicted with a mental disorder or defect of such severity that the person did not know the criminal act was wrong.” Ariz. Rev. Stat.

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Andrea Yates Murder Case Essay

1867 Words | 8 Pages

It lists that in order to declare a defendant not guilty by insanity, it must be proven that the person is significantly mentally ill and was not able to differentiate right from wrong in the instance of their crime (Levin). There was no dispute between prosecution or defense that Andrea was mentally ill, it was simply if her illness inhibited her judgement enough to meet the legal standards. Her family and defense attorney all believed that there was no questioning the severity of her condition, she simply could not function as a regular human being, and her judgement was clouded. Andrea’s mother-in-law, Dora Yates, who frequently watched over Andrea and witnessed her daily condition, stated, “I don't think she knew how to cope . . . how to function.

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Valentine Shortis Insanity Defense

1230 Words | 5 Pages

The insanity defence is one of the most controversial topics in the legal system, used by many criminal defendants as an excuse for their unlawful activities. In fact, the Canadian legal system has experienced this in the case of Valentine Shortis, an Irish Immigrant who was convicted of killing two men, injuring one and attempted murder on March 1, 1895. Charged with murder and sentenced to death, Valentine’s Lawyer St. Pierre argued that he suffered from insanity, such as his inability to distinguish right from wrong. There was evidence from Shortis's friends, family, and neighbours who claimed that Shortis was arrogant and mischievous person. According to Friedland, the crown (Macmaster) stated that “he did many eccentric, rash and even

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What Is Myers III V. State Of Indiana An Example Of Mental Competency?

1528 Words | 7 Pages

In the field of criminal law there is a certain type of criminal defense that comes to the court and has a low success rate. These cases concern the mental capacity of the defendant and if they have enough mental capacity, or are sane enough, to be aware of their crime and consequences of crime. The insanity defense is extremely rare because of how difficult it is for the defense to prove to the court and jury that the defendant did not have the mental capacity to understand what they did wrong and the consequences from it. The case of Myers III v. State of Indiana is one example of criminal responsibility and mental capacity. This case has information that can be connected to the textbook with the insanity defense tests, mental competence

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Insanity Defense Of Andrea Yates

935 Words | 4 Pages

Dr. Mark Nolan, Senior Lecturer at ANU College of Law, says that the NGRI plea “enables defendants to avoid criminal liability and standard criminal punishment” (Nolan 8). The main disagreement with America is the focus whether if the “guilty defendant” pursues to misuse the “Not Guilty by Reason of Insanity” as an alternative to imprisonment or if the criminally accused was at the time of committing the crime “clinically insane” and in need psychotherapy. Therefore, during this discussion of opposing viewpoints concerning the insanity defense being misused or ethical are going to be

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Andrea Yates Insanity Defense

697 Words | 3 Pages

In June of 2001, the entire nation was deeply disturbed by the horrific acts committed by a suburban Texas housewife, and mother of five. Andrea Yates had drowned all five of her young children in the bathtub of their home. Yates called the authorities and her husband Rusty Yates to the home, where she confessed to killing her children. According to Faith McLellan of the Lancet Medical Journal, Andrea Yates’s bizarre reasoning behind this horrific act was because she believed to have been marked by Satan, and that in order to save her children from hell she needed to take their lives (McLellan, 2006). Yates pleaded not guilty by reason of insanity on the basis of mental defect due to postpartum depression and postpartum psychosis.

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Insanity Defense Reform

92 Words | 1 Pages

In refers to class discussion, as a result of the M’Nagthen case, the Insanity Defense Reform Act of 1984 (IDRA) is only use when the defendant does not understand the nature of the crime committed. Therefore, although neurosis or personality disorders qualify as a mental disease according to the DSM-5; the law has eliminated these types of disorders from being utilized in courts as a form of defense. The law has also excluded the irresistible impulse or inabilities to comply with the rules as a means of defense in the federal

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Most Common Strategies Used By Drug Crime Defense Attorney

508 Words | 3 Pages

In some cases, the defense may argue that the defendant's actions were mitigated by circumstances beyond their control. For example, if the defendant was struggling with addiction or mental health issues, their attorney may argue that their actions were a result of these factors. If successful, this strategy could result in reduced charges or a more lenient sentence. Arguing Constitutional

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Insanity Defense Reform Essay

2347 Words | 10 Pages

I agree that the insanity defense is morally right. There are defects of the system. However, the criminal justice system’s foundation is made up of moral integrity. As a society we have decided to excuse those who lack the moral capabilities to know right from wrong. The murkiness of the system should not automatically equate to the abolishment of the defense.

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8th Amendment Capital Punishment

1708 Words | 7 Pages

Yet, there is a significant proportion of death row inmates are mentally ill and the research evidence found suggests that mental illness is often, in fact, an aggravating factor as far as capital sentencing bodies are concerned. The Supreme Court eventually came to the conclusion of this: “If it is cruel and unusual punishment to hold convicted criminals in unsafe conditions, it must be unconstitutional to confine the involuntarily committed - who may not be punished at all - in unsafe conditions” (French, 2005) There are rights that each individual has, and there needs to be guidelines to make sure each person is treated fairly, even if they do not deserve such

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Mass Incarceration In Prison

1491 Words | 6 Pages

While at St. Gertrude, Rose would often wander away and have sexual encounters with men. Staff noticed her condition worsening during her time at the school. Dr Bertram S Brown, the former Director of the National Institute of Mental Health, documented that “a neurological disturbance or disease of some sort seemingly had overtaken her and it was becoming The United States incarcerates more people than any other developed nation. While the U.S. population has doubled since the 1950s, the population in state and federal prisons has swollen by over eight hundred percent during that time period. Several policies have resulted in the today’s mass incarnation rates, causing absurd financial strains to state and national budgets that deflect taxpayer money from much needed services, in order to pay for the housing of incarcerated individuals.

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In Cold Blood Insanity Defense

621 Words | 3 Pages

A case can be changed due to the call of the insanity plea. Nevertheless, This may cause a possible difference to the charge of the defence. In a court case dealing with murder such as the issue with the Clutter family, the Insanity plea was brought into thought to test if Perry and Dick were mentally stable during that time. By definition, the insanity plea is an argument stating the defense was not responsible for their actions due to a psychiatric disease at the time of the act, consequently, making him/her unaware of the occurring actions moreover the later consequences. In the book, In Cold Blood by Truman Capote, the main characters Perry and Dick killed the Clutter family committing the crime of the century.

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Interprettive Essay: The Tell-Tale Heart By Edgar Allan Poe

728 Words | 3 Pages

This is because the 8th amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Giving someone who has mental disease the death penalty would be seen as a cruel and unusual punishment. Some may argue that even though the killer did murder the man, he did not show any empathy for what he did. This can be proven otherwise because of the fact that someone under the influence of mental disease may not always be able to control their actions. In similar cases such as the Walton vs. Virginia, and Eley vs. Ohio, the same practice was used.

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Arguments Against Insanity Defense

1042 Words | 5 Pages

Some say an insanity defense is a legal concept, not a clinical one. In some cases, the prosecution has had a hard time distinguishing between people pretending to be insane and the people who actually suffer from insanity. (Math, Kumar, and Moirangthem) Even though it is legal to be insane, do not take advantage of it and go do something you will regret later in life. There is a time and place and there is also a way to act in a public place.

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