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.
The Insanity Defense Christian Hopkins Intro to the Legal Process 1020 L01 Leo Rowe March 15th, 2017 The insanity defense is used by criminals who plead that they are mentally insane to avoid a more serious sentence. In most of the insanity defense cases, the defendant typically has some sort of mental issue during the time of the crime that caused them to commit the crime. “A criminal defendant who is found to have been legally insane when he or she committed a crime may be found not guilty by reason of insanity. In some cases, the defendant may be found guilty but sentenced to a less severe punishment due to a mental impairment” (Reuters). There are countless reasons to why an individual might plead to be criminally insane.
I. Opening remarks To begin to understand the question in hand, the reader must first comprehend a brief history behind the ‘Insanity Defence’, what is actually meant by the term and most importantly; under what grounds it should remain, despite criticism and its desired abolishment. This paper will look at situations in which the Insanity Defence proved necessary and the benefits and drawbacks of the defence in instances relating to legal matters in the criminal field. Thus; in this sense, the term Insanity Defence can be defined as; “not punishable is he who commits an act which cannot be attributed to him because of poorly developed or pathologically disturbed mental capacities.” In such circumstances, the insane defendant shall be compulsorily admitted to treatment in a mental hospital, thus as such, raising the fact that through pleading insane, the defendant “risks to be deprived of his freedom for an
A freedom is the right to live your life without interruptions of the government unless actually committed or interfering with someone else’s rights. Legal guilt is mostly focused in the judicial system. It supports the rights guaranteed in sections of the Canadian Charter of Rights and Freedoms. The system’s main focus is ensuring that the accused is treated fairly by not infringing with their rights. Section one states that whoever the accused is being charged with has to be done with a reasonable limit.
Houston, Texas, was home to Andrea Yates; a wife and a mother to Randy Yates and their five children. One morning in the year 2001, she dialed, 911 breathing heavily into the phone “I need a police officer,” (O’Malley). The news over Andrea Yates drowning her children spread like wildfire across the nation, horrifying Americans. Following her confession, she pleaded innocent with the “Not Guilty by Reason of Insanity” (NGRI) plea, yet the jury rejected her appeal and found her guilty of five accounts of first-degree murder. However, in the retrial of 2006, Yates’ abiding murder convictions were overturned, and Andrea Yates was found NGRI.
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
For a court to determine that negligence has occurred, there are four requirements that must be proven. A duty of care must be owed, next, a breach of that duty of care has occurred through the defendant’s actions, this breach of duty has caused damage to the claimant and the damage caused was not too remote. The original test for whether a duty of care has been breached was famously set out in the case of Bolam , which involved, a plaintiff, who was suffering from a mental illness and being treated with electroconvulsive therapy. The treatment was known to induce convulsions or fits.
Plea- bargaining is something that is happening in our court systems every day. Plea-bargaining is a choice that defendants are making when they don’t have many options. Can plea- bargains change your life? What effects will it have if you decide to do a plea? Well, plea bargains are not for everyone.
Capital punishment, also known as the death penalty, and the debate about its abolition is the largest point of the essay written by Steve Earle, titled "A Death in Texas”. This form of punishment should be abolished for 3 reasons; First, It does not seem to have a direct effect on deterring murder rates, It has negative effects on society, and is inconsistent with American ideals. To begin, the death penalty is unnecessary since it is ineffective at deterring rates of murder. In fact, 88% of the country's top criminologists do not believe the death penalty acts as a deterrent to homicide, according to the Journal of Criminal Law and Criminology. In opposition, supporters may argue that it may indeed help to deter murder rates as they have
The book’s definition of insanity refers to “the legal concept referring to the criminal’s state of mind at the time of the crime was committed. It requires that, due to a mental illness, a defendant lacks moral responsibility and culpability for the crime, and therefore should not be punished” (Costanzo, M., & Krauss, D. Forensic and legal psychology: Psychological science applied to law) There where overwhelming cases about defendant that tried to use the insanity defense. The role that the insanity defense played in conjunction with psychology was that the psychologist would have to choose diverse ways of stating that a defendant was insane. A long with providing expert testimony at trail or competence hearings the psychologists would inform
Gentlemen of the Jury, before you write Miss Medea off as having been driven insane through grief and loss, some of the facts that have been presented today need to be put in order. First and foremost, homicide has occurred, and it has been done through the hand of the defendant. There is no arguing this fact; multiple witnesses have been brought forth to testify against this woman. These witnesses were present for the planning of all of the murders, and were threatened with death if they breathed a word of it. The only argument that the defense has left is to portray Medea as being insane.
Imagine finding a ransom note one day, telling you your son was taken and you must follow the directions given to get him back. Sadly, that is exactly what happened to Jacob Franks and Flora Franks. Murder has always been a big issue in big cities like Chicago. People are shot or stabbed in the heat of the moment, but not as common is a planned murder. There are many different reasons people kill other people, greed, anger, drugs, revenge, even self-defense, but the reason Nathan Leopold and Richard Loeb killed Bobby Franks was for a completely different reason; to see if they could get away with it.
If an insanity plea is successful, it can be implied that mental illnesses can be dangerous or harmful. Also, that the person with the mental illness is going to be treated and hopefully learn how to handle such an illness. Then perhaps that person can go free after a while. On the other hand, if an insanity plea is unsuccessful, then it can be implied that the person with the illness may not get treatment. Although, if the person is just using a mental illness as an excuse, then he or she is giving other people with a mental illness a bad name.