Insanity Defense: Necessary Or Not Guilty?
11 November 2012
Insanity Defense: Guilty or Not Guilty?
Imagine for a moment, someone has just inexplicably murdered a mother or child. Imagine the rage, tearing you apart, physically making you shake or be ill. At the same time this rage is entangled and somewhat smothered by the crushing grief welling up inside of you. A thought flashes into your head, “I will kill the person responsible for this!” but our sanity stops that action. A persons insanity allows you to know that to actually carry out a murder is illogical, immoral, and illegal. You know that your actions will land you a spot in hell next to all the other Murders. That thought process is exactly what separates you from a killer. Although with the right lawyer, the person …show more content…
When someone claims insanity, they are not held responsible for their criminal actions. There are two pieces of evidence the first being the accused was unable to tell right from wrong and the second that the accused did not intend to act the way he or she did and/or could not control their behavior. The insanity defense should not be a valid excuse to free criminals. Insanity is a legal term, not a psychological one, and experts disagree whether it has valid psychological meaning. Critics of not guilty by reason of insanity have claimed that too many sane defendants use the insanity defense to escape justice; that the state of psychological knowledge encourages expensive "dueling expert" contests that juries are unlikely to understand; that, in practice, the defense unfairly excludes some defendants. Research on not guilty by reason of insanity fails to support most of these claims but some serious problems may exist with …show more content…
McNaughtan was under the impression that he was being prosecuted, so he reacted with murder. Daniel McNaughtan killed Robert Peel’s secretary. He was found not guilty by reason of insanity. Following his trial, he spent the next twenty years in a mental asylum until his death. Soon after this case, the English House of Lords set standards for the insanity defense which they called McNaugtan’s Rule:
“Every man is to be presumed to be sane, and…that to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.” (Encyclopedia Of Everyday Law)
Soon after this rule became legal, the United States criminal justice system adopted this
Insanity Defense: Guilty or Not Guilty?
Imagine for a moment, someone has just inexplicably murdered a mother or child. Imagine the rage, tearing you apart, physically making you shake or be ill. At the same time this rage is entangled and somewhat smothered by the crushing grief welling up inside of you. A thought flashes into your head, “I will kill the person responsible for this!” but our sanity stops that action. A persons insanity allows you to know that to actually carry out a murder is illogical, immoral, and illegal. You know that your actions will land you a spot in hell next to all the other Murders. That thought process is exactly what separates you from a killer. Although with the right lawyer, the person …show more content…
When someone claims insanity, they are not held responsible for their criminal actions. There are two pieces of evidence the first being the accused was unable to tell right from wrong and the second that the accused did not intend to act the way he or she did and/or could not control their behavior. The insanity defense should not be a valid excuse to free criminals. Insanity is a legal term, not a psychological one, and experts disagree whether it has valid psychological meaning. Critics of not guilty by reason of insanity have claimed that too many sane defendants use the insanity defense to escape justice; that the state of psychological knowledge encourages expensive "dueling expert" contests that juries are unlikely to understand; that, in practice, the defense unfairly excludes some defendants. Research on not guilty by reason of insanity fails to support most of these claims but some serious problems may exist with …show more content…
McNaughtan was under the impression that he was being prosecuted, so he reacted with murder. Daniel McNaughtan killed Robert Peel’s secretary. He was found not guilty by reason of insanity. Following his trial, he spent the next twenty years in a mental asylum until his death. Soon after this case, the English House of Lords set standards for the insanity defense which they called McNaugtan’s Rule:
“Every man is to be presumed to be sane, and…that to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know he was doing what was wrong.” (Encyclopedia Of Everyday Law)
Soon after this rule became legal, the United States criminal justice system adopted this