The insanity defense is available to those with serious mental illnesses as a legal excuse for criminal responsibility (Felthous, 2010). The insanity defense continues to be debated and has both legal and mental health professionals questioning whether psychopathic disorders should qualify under the defense or not. The history of criminal responsibility dates back to 1838 when Isaac Ray published his famous book in which he argued that those who committed criminal offences should not be found guilty due to their “moral mania” (Felthous, 2010). The most famous and influential case however was of Daniel M’Naghten who, in 1843, fatally shot the prime minister of England’s secretary while suffering from a paranoid delusion. This case led to the widely adopted McNaughton Rules (Felthous, 2010). …show more content…
As it was being debated whether psychopathic diseases would be included in the model insanity standard, the American Law Institute attempted to exclude psychopathic and sociopathic conditions from consideration (Felthous, 2010). Then in 1961, it was declared by the Third Circuit Court of Appeals that sociopathy would be sufficient in order to raise the issue of insanity. However, this issue of psychopathy and sociopathy inclusion in the insanity defense, and the insanity defense in its entirety remains a controversial issue. Since the 1970s, it seems there is a greater interest in restricting and abolishing insanity tests as well as excluding psychopathy from the defense, and that view is still present (Felthous, 2010). According to Felthous (2010), this tension has been long
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
Dr. Hare proves that a mentally ill person has little to no emotion through crimes or thoughts they commit. Almost as a computer may act. This makes the person able to commit unbelieve crimes. This compares to the article, “A Revised Portrait of a Psychopath” by Peter Reuell. The article articulates the mindset of the mentally ill and does a case study on it.
Before the court can evaluate the specific details of this section, they must first re-define what a mental disorder is based on case laws. There are three crucial cases which contributed in shaping the definition of a mental disorder: Cooper v. R., R. v. Bouchard-Lebrun, and R. v. Stone cases. In Cooper v. R. (1980), Justice Dickson defines disease of the mind— also known as mental disorder— as the following: ...“[D]isease of the mind” embraces any illness, disorder or abnormal condition which impairs the human mind and its functioning… [where of] such intensity as to render the accused incapable of appreciating the nature and quality of the violent act or of knowing that it is
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
There is also an inclination to believe that if he had not suffered from this state, then the offence would not have been committed, specially not in the barbaric way it was done. Thus, it cannot be concluded that the accused willfully preformed the act, nor that the mens rea and the actus reus coincided while he was not in a psychotic state. (Roach, 113) Related to this finding is another element that supports the verdict of the Honorable Judge, which is the Principle of Fundamental Justice that states that no one should be “punished for morally involuntary actions.” (Roach, 82) A person who successfully raises the mental disorder defence is considered to be morally innocent of the act because they were not acting freely, in this case, free from psychotic ideations.
The Insane Psycho Ed Gein The American psycho Ed Gein, once said, “When I see a pretty girl walking down the street, I think two things. One part wants to be real nice and sweet, and the other part wonders what her head would look like on a stick.” People who are insane are mentally ill and have no control of what they are doing or saying. Pleading insane during a trial is called the insanity plea.
The legal definition of insanity differs from the medical definition of insanity, and due to this, there have been ongoing debates on whether or not
“It was discovered that one psychiatrist, Park Dietz, had given testimony that turned out to be untrue. He had claimed that Yates got her idea to drown the children from an episode of Law and Order. It turned out that he had confused the plots of multiple episodes” (Andrea Yates, 2021). It was during this trial that Andrea Yates was found not guilty by the reason of insanity and was sent to a maximum-security state mental facility. The M'Naghten Rule, which states “all defendants are presumed to be sane unless they can prove that–at the time of committing the criminal act–the defendant’s state of mind caused them to (1) not know what they were doing when they committed said act, or (2) that they knew what they were doing, but did not know that it was wrong”
Introduction and Summary: Chapter 11 focuses on the individuals with mental illness and the criminal justice system. Every year there are hundreds of thousands of individuals with mental illness who are arrested. The past decade a lot of the state hospital and mental health facilities have been shut down for lack of funding. Many of the seriously mentally ill are roaming the streets. The serious mental illness regarding this chapter would include schizophrenia, bipolar disorder, and severe depression.
The 1984 Insanity Defense Reform Act was passed by Congress after an infamous trial that shocked the United States. United States v. Hinckley was notorious because it was one of the rare cases where the insanity defense worked and the defendant was found not guilty by reason of insanity. The result of this case caused a huge public outcry against the insanity defense. Debate began to form over how to amend the insanity defense. This paper will critically analyze three scholarly journals.
The M'Naghten Rule states that the only proof of insanity is if a person is unable to distinguish between right and wrong at the time they commit a crime. Under this law, many mental insane people are classified as sane because they show no physical prominent issues. (Capote, Conversations 129-130)The M'Naghten rule plays a giant role in the novel In Cold Blood. A doctor is put on the stand during the trial of Dick and Perry to testify regarding their mental illnesses. The novel states, " It was hopeless because though Dr.Jones agreed to elaborate, the prosecution was entitled to object -- and did, citing the fact that Kansas law allowed nothing more than a yes or no reply to that pertinent
Mental illness and criminology: a review of related literature Aja Ferguson Chaminade University CJ 605 Dr. Allen 3/18/2017 I. INTRODUCTION Mental illness and criminology are two fields that continue to generate interest among researchers. One of the reasons that explain the consistent interest of scholars is the presence of a vast, unexplored territory where there is a dearth in available and updated information related to mental illness and criminology. Even though the study of the mentally ill and the criminal are two different spheres, it is not uncommon that individuals became criminals because they are mentally ill, just like it is not new to discover criminals in prison to develop