Confirm new password. Example Of Criminal Law Essay. Free The Insanity Defense Essay Sample. The idea behind using the insanity defense is essentially that a person deserves the punishment for a crime he committed if he is able to understand the dissimilarity between right and wrong, insanity defense essay. Our services. The woman not only killed their children, insanity defense essay also tried to blame the black man, sparking interracial struggle.
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It means that the defendant has to prove that they have committed a crime in the state of affection caused by some kind of a mental problem, insanity defense essay. In fact, in most legal cases the defendant is proved to be not able to commit any kind of crime. In some of the cases, it is proved that the culprit of the crime could not control their behavior at the time of committing a crime. In order to prove insanity, the culprit should go through the process of assessment of their mental state. Insanity should be proved by a qualified psychologist or psychiatrist. However, despite the assessment of mental health, doctors cannot really prove whether a person is insane or not. This can be decided only by the jury who investigate the whole criminal case. Thus, if the jury proves that the defendant is guilty not being responsible for their actions at the insanity defense essay when the crime has been committed, the culprit will be transferred to the mental hospital for further treatment.
As a rule, such punishment does not last long, insanity defense essay. It lasts up until the culprit of insanity defense essay crime no longer poses a threat to the surrounding people. There are also cases insanity defense essay short-term insanity. This type of defense is extremely hard to prove. Thus, if the potential culprit of the crime declares short-term insanity only for the time when the crime was committed, it is known as short-term or temporary insanity. In case the jury accepts such a defense, the insanity defense essay of the crime will not be transferred to the mental hospital for treatment, as it will be proved that the crime was committed in the state of affection.
This kind of defense is rather popular giving a chance to avoid both severe punishment for the committed crime and treatment in a mental hospital. Insanity defense has a number of pros and cons that will be discussed as follows. As for the arguments in favor of insanity defense, it should be mentioned that if the criminal has committed a crime because of insanity, they will not be subjected to capital punishment. However, there are no guarantees that the criminal will not be sentenced to imprisonment. On the other hand, there are several counterarguments concerning the issue of insanity defense. First, insanity defense essay, according to some jurisdictions, it is no longer allowed to claim for insanity defense. In this case, insanity defense essay, it is very hard to achieve positive results in terms of such kind of defense.
Criminals are simply prohibited to use insanity defense as a means of avoiding punishment. Thus, they are subjected to punishment without any possibility of affirming their insanity. Third, insanity defense essay, such defense does not provide any guarantees that the criminal will be released without punishment. At the same time, the possibility of being sent to a mental hospital exists. In this regard, a question of whether a criminal should use this kind of defense as a reasonable excuse for their behavior is still to be answered. Home news Essay Topics Argumentative and Controversial Insanity defense essay.
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It lasts up until the culprit of the crime no longer poses a threat to the surrounding people. There are also cases of short-term insanity. This type of defense is extremely hard to prove. Thus, if the potential culprit of the crime declares short-term insanity only for the time when the crime was committed, it is known as short-term or temporary insanity. In case the jury accepts such a defense, the culprit of the crime will not be transferred to the mental hospital for treatment, as it will be proved that the crime was committed in the state of affection. This kind of defense is rather popular giving a chance to avoid both severe punishment for the committed crime and treatment in a mental hospital.
Insanity defense has a number of pros and cons that will be discussed as follows. As for the arguments in favor of insanity defense, it should be mentioned that if the criminal has committed a crime because of insanity, they will not be subjected to capital punishment. However, there are no guarantees that the criminal will not be sentenced to imprisonment. On the other hand, there are several counterarguments concerning the issue of insanity defense. Submit Your Paper. Can't find a free sample that matches your requirements? Subscribe to WowEssays Premium and get access to over 1 MILLION high-quality downloadable samples GET ACCESS NOW.
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Custom Writing. Premium Database. Email Please enter a valid email. Doesn't match any account. Sign up for an account. Forgot password? or use your social media account. Facebook Google. Don't have an account? Internal server error. Please try again later. Criminal law assumes that individuals act with free will and that they should be held responsible for their actions. In the eye of the law, an individual is guilty of a crime if two conditions are met: the defendant engaged in a forbidden conduct actus reus ; the defendant committed the act with criminal intent mens rea. The insanity defense claims that a mental disorder or defect caused the accused to commit the crime.
Under any federal statute, the insanity defense is an affirmative defense to a prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his or her acts. Sanity is a legal and not a clinical concept, and it is related to a plea of not guilty by reason of insanity. Despite using the same terms, legal interpretations of them do not equate with clinical definitions of mental disorders. An additional burden of proving insanity is placed by current federal laws for clear and convincing evidence. Mental health professionals have the responsibility of providing sound evidence at a criminal trial and to help a judge or jury determine whether a defendant is criminally responsible for an alleged offense.
An adequate clinical-diagnostic classification is still a necessary condition, but not a sufficient one, for an accurate psychiatric-forensic assessment insofar as two other aspects should be evaluated: 1 to verify whether at the moment of the offending act there was a condition of mental disease or defect, of which it would be important to specify the nature and extension; and 2 to estimate whether there was an etiological nexus between the defect and the impairment in the ability to appreciate the wrongfulness of the act or in the ability to refrain from it. There should be an integration of this information with the criminogenesis and criminodynamic of the offense, which may constitute the expression of a pathologically motivated act. Most states use two insanity defense standards: the McNaghten standard and the American Law Institute ALI test.
The McNaghten rule is narrow and harder to satisfy; it includes only the cognitive components. An exception of prohibiting the intention of killing a person exists. Legally, the person might not be found guilty despite the intention to kill. The McNaghten rule combines three elements:. The presumption that the defendant is sane and responsible for their criminal acts; if this is missing then The defendant must have been suffering from a defect of reason or from disease of the mind to be found not guilty and be exempt from liability; and. When defendants lack the understanding of the consequences of their actions, and an appreciation of the wrongfulness of them, then there is an option for the not guilty by reason of insanity NGRI plea.
The insanity defense addresses the moral question of criminal responsibility and blameworthiness, the psychiatric question of the medically appropriate nature of the mentally ill offender, and the social policy question of the adequate means of protecting society from potentially dangerous individuals.
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