The Pros And Cons Of The Insanity Defense

Beneficial Defense In keeping the insanity defense as it stands the benefits outweigh the problems. This defense fixes problems with the mentally insane and leads to curing more of the mentally ill. Viewing the defense as a benefit seems to fit if it helps more people than it harms, although other views have been brought against it opposing the defense. The jurisdictions that have kept the defense see it rarely and take it as a claim of innocence. The innocent people who have severe mental illness might finally have an opportunity to become viable members of society through rehabilitation. This plea may also shed light on the severity and seriousness that mental illness plays in our communities as these individuals are of great

Most courts require additional elements to acquit the defendant even if he or she has proven not in control of his or her behavior (“Insanity Defense Pros and Cons”). Other elements include witnesses or the previous medical records of the defendant. Without the prior knowledge of the defendant's mental situation the defense has no back up information or proof. Jurisdictions allowing the defense to still stand will undoubtedly turn down the plea for insanity without those records shared in court. The records need to hold substantial information stating that the defendant was so mentally ill that they did not know right from wrong during the time of the crime or has a disease such as schizophrenia or other causing sporadic mental incapacities in order to prove the burden of proof of beyond a reasonable doubt.

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