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Pros And Cons Of The Insanity Defense

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Insanity Defense The insanity defense has the notion that some individuals are mentally disturbed that they are unable to understand their actions and it would be a violation to hold them responsible. Smith states that the insanity defense is a plea used by the defense to show lack of mental potential of a person when committing a crime. (Smith, 2012) This reasoning is based on willful intent, which is very essential to an insane person. This means they cannot form such intent. However, mental disease does not stand for legal insanity. The burden of proof is on the defendant to prove his insanity. This defense allows a mentally ill defendant to evade prison on the assumption that they were not in control of their actions Many critics of this defense argue that many defendants use it to escape justice. The problem with this defense is that it requires highly qualified psychologist to determine the mental state of a defendant. Most times the jury may not fully comprehend the terms used or the final analysis. The insanity defense can be used as an excuse to commit crime. This means that the defendants declare that they were not liable for their actions due to a mental health …show more content…

If the accused is not guilty for the crime because of insanity, the defendant evades the death penalty. This means that the defendant cannot be sent to jail but this is not always guaranteed. If a defendant is taken to a psychiatric facility and is cured, there is always a guarantee that they will not be a threat to society. However, it has cons where some jurisdictions have abolished the plea and therefore it may prove difficult to be acquitted on a plea of insanity in such jurisdictions. If the defendant does have a previous mental record, the court may not believe that plea with ease. This plea is not always a guarantee that the defendant will be set free which means their chance of being sent to a mental asylum or a psychiatric facility is

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