As a citizen of the United States it is our obligation to serve on a jury when we are called. It is our duty to be apart of a panel and directly participate in the judicial process. Your decision can ultimately determine one’s life so it’s important to understand the facts from myths. What happens when someone pleas not guilty by reason of insanity (NGRI)? What does that mean? Are they trying to beat the system?
A number of us will turn on the TV or scroll through social media multiple times a day. We might just happen to run into a court case where the offender pleads not guilty by reason of insanity. Some may roll their eyes, some will shake their heads, and others may just skip onto the next topic. However, what does this really mean? Is
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Many jurors and civilians can not accept that an individual was being let go because they were mentally ill, and not being held responsible for the action they had done. Most people believe that the NGRI verdict is better than the guilty verdict, when really that’s not the case. There are many myths that the public holds about the NGRI defense which can be a serious issue in search for help with ones’ health. Because of this, it is important that the public is educated and non-bias when it comes to deciding a …show more content…
Let’s say the court does find the offender not guilty by reason of insanity, does this mean their sentence will be lighter? Will they ever get back into the community?
As stated before, NGRI is NOT an easy way out. Most, if not all NGRI offenders will eventually return back into the community. However, this is a very complex process. While offenders’ treatment and confinement are provided by the mental health system, their release is controlled by the criminal justice system. In order for the patient to be released from the mental health facility, he or she needs to prove to the court of law that they no longer suffer from the mental illness and are no longer a danger to themselves or society.
All recommendations to be released to the community are made by the review panel, which then communicate with the court and the final decision is made by the judge. If the offender does pass they are under mental health parole or probation which tends to be more strict than criminal justice parole or probation. The main differences between the two are in length, the requirements, and who is in charge of
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.
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.
At the 2002 trial, Yates pleaded not guilty, by using the insanity defense. The insanity defense argues that an individual should not be found guilty of a crime if they have a persistent psychiatric disease at the time the crime was committed. It was proved that Yates could tell right from wrong, so she did not meet the definition of the insanity in Texas (Walsh). The jury deliberated for almost four hours, and finally found Yates guilty. The jury rejected her insanity defense, and Yates was sentenced to life in prison.
. Under the Federal Rules of Evidence a mental health expert in a criminal trial can not offer an opinion on the ultimate legal issue of whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense. An opinion is not objectionable just because it embraces an ultimate issue. (704(a)). However, in a criminal case, an expert witness must not state an opinion about whether the defendant did or did not have a mental state or condition that constitutes an element of the crime charged or of a defense.(704(b)).
By claiming insanity a defendant has stated that he or she did not know the action was wrong and could not fully comprehend the results of this action. Kuersten then supplies the reader with more details of a particular case, the Reagan shooting, by stating how the depositions from a Neurologists and a Psychiatrist's benefited the case, permitting the judge and jury to have a more scientific understanding of the evidence. “The shooter’s brain has relatively enlarged sulci and ventricles, signifying shrinkage and decay. A psychiatrists testifies that these characteristics are associated with Schizophrenia.” With this knowledge about the defendant's brain jurors may be leaning towards the insanity plea with sympathetic views towards the defendant's actions.
The first time I heard about the insanity plea was in the Andrea Yates case back in 2001. Yates was class valedictorian when she was in high school with a good background.
Lawyers could advise their clients not to plead NCR to avoid possibly lengthy and undetermined imprisonments. With a non-NCR plea, the corrections system must assign a fixed time length for a sentence. Unfortunately, such a tactic will swell the population of mentally ill intimates within the corrections system and further strain access to critical mental health resources. And it is probable that offenders who should have pled NCR but wound-up within the general population will be released in a worsened state then before they were sentenced.
What is the definition of criminal insanity and is it good enough to prevent real criminals to being sentenced to a comfy mental asylum? Traditionally, the test of insanity
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
There are actually many intricacies associated in a mental health court process. For instance, there are “probations, parole, the courts, jails, the community health system…” involve in the cases, which is difficult to manage, especially, for someone with a mental disorder (Docgurley, 2011). Simply penalizing accused mentally ill people will not help them become better, so through this court system, they can maintain their human rights and have the support they require to improve their condition. Mental health court, thus, is a sufficient system because it will not incarcerate and isolate indicted mentally ill
"The median amount of time taken to complete adult NCRMD cases was 132 days, which is 17% longer than the 113 days taken for non-NCRMD criminal court cases." (Miladinovic, Z., & Lukassen, J., 2015, February 25) This data demonstrates that those in charge of the case must know the case in order to set a just trial. "The verdict of not criminally responsible on account of mental disorder (NCRMD) is a final decision reached when a judge or jury finds that an accused was suffering from a mental disorder while committing the criminal act and as a result is exempt from criminal responsibility (Criminal Code, R.S.C. 1985, s.672.34). An individual found NCRMD is neither acquitted nor found guilty (Latimer and Lawrence 2006); the court or Review Board may make one of three dispositions: absolute discharge, conditional discharge, or detention in a hospital (Criminal Code, R.S.C. 1985, s.672.54)."
Conversations about criminal justice reform have to include the issue of incarcerating the mentally ill if the United States is serious about reducing mass incarceration and recidivism.
During my true crime podcast era, I came across Andrea Yates. Yates was a mother who killed her five young children by drowning them in a bathtub. While listening to this case, it was revealed that the insanity plea, or also known as the insanity defense, was used. It got me thinking about how the plea works and how people would allow this outcome over a jail sentence. The insanity plea is a tough topic to tackle in the world of criminal law.
A major issue is with our justice system is either ignoring or don’t recognize convicts with mental health issues, which leads to lengthier convictions and higher rates of recidivism. Ignoring or not recognizing the convict’s mental health issues just gets them incarcerated for a longer time and they never receive the right treatment to get better. Due to our country’s prison not having the right or proper treatment for the mentally ill will make it harder for them to adjust when the release back into society. One of the main reasons why our prisons don’t have the correct treatment centers for the mentally ill is because it just not affordable to have non-prison facilities on the prison campus. One solution that has been tried is to create a “supermax” prison, which is facility that known for segregation, lockdown, or solitary confinement.
Introduction Prior to the mid-1960 virtually all mental health treatment was provided on an inpatient basis in hospitals and institutions. The Community Mental Health Act of 1963 was established with its primary focus on deinstitutionalizing mentally ill patients, and shutting down asylums in favor of community mental health centers. It was a major policy shift in mental health treatment that allowed patients to go home and live independently while receiving treatment, (Pollack & Feldman, 2003). As a result of the Act, there was a shift of mentally ill persons in custodial care in state institutions to an increase of the mentally ill receiving prosecutions in criminal courts.