Insanity Defense Strategies
Insanity Defense
Insanity defense might be one of the most controversial of criminal defense strategies. It is the least used because only a few cases that are actually successful and when it is used, it tended to cause public debates. Many people become infuriated with the insanity defense because of cases like John Hinckley and Andrea Yates where they were found not guilty due to insanity, which fuel in the public’s misconception of the insanity defense. Insanity defense should not be abolished because they provide help to an accused whose suffering from mental illness, it does not have a deterrent effect on most crime, and it does not give the accused a free pass to commit a crime.
Not until the 1800s that insanity defense took a legal …show more content…
Most people have a misconception that NGRI are released after the trial but his might not be true, in some cases, the accused can avoid the death penalty if proven insane but they are likely to be sent to a mental institution and sometimes they may be held longer than if they plead guilty. The defendant must remain until they are determined no longer a threat to themselves and the society, for some cases, they may be held indefinitely. To be release the insane must gain judicial approval to be put back into the community. Some might think that to plead insanity for most crime is easy, but actually, only small amount of cases actually invoke the insanity defense and an even lesser amount was actually successful in winning. The defense is not commonly using because it is difficult to prove and require a great deal of time and money due to the long period of examination to determine insanity. The burden of proof for the insanity defense is placed on the defendant. The defendant must prove the affirmative defense by the preponderance of the evidence that the defendant was insane at the time of the offense. Many expert psychiatrists are called upon to assess the mental state of the defendant at the time of the offense (Kramer & Gagliardi, 2009). It is difficult to pretend to be insane to get away with the crimes committed. Many tests are examining the defendant state of mind to determine the …show more content…
To this day, only five states deny the defendant of the use of insanity defense. The insanity defense has such a firm historical and moral origin that provide fairness to defendants who suffer from mental disorders. It is important that the government and the public to treat them with consideration; provide them with the treatment that suitable for the individual’s illness to make them better in hope of release them back into the community when they are no longer a threat to the public rather than to confine them in prison and let them
Insanity defense might be one of the most controversial of criminal defense strategies. It is the least used because only a few cases that are actually successful and when it is used, it tended to cause public debates. Many people become infuriated with the insanity defense because of cases like John Hinckley and Andrea Yates where they were found not guilty due to insanity, which fuel in the public’s misconception of the insanity defense. Insanity defense should not be abolished because they provide help to an accused whose suffering from mental illness, it does not have a deterrent effect on most crime, and it does not give the accused a free pass to commit a crime.
Not until the 1800s that insanity defense took a legal …show more content…
Most people have a misconception that NGRI are released after the trial but his might not be true, in some cases, the accused can avoid the death penalty if proven insane but they are likely to be sent to a mental institution and sometimes they may be held longer than if they plead guilty. The defendant must remain until they are determined no longer a threat to themselves and the society, for some cases, they may be held indefinitely. To be release the insane must gain judicial approval to be put back into the community. Some might think that to plead insanity for most crime is easy, but actually, only small amount of cases actually invoke the insanity defense and an even lesser amount was actually successful in winning. The defense is not commonly using because it is difficult to prove and require a great deal of time and money due to the long period of examination to determine insanity. The burden of proof for the insanity defense is placed on the defendant. The defendant must prove the affirmative defense by the preponderance of the evidence that the defendant was insane at the time of the offense. Many expert psychiatrists are called upon to assess the mental state of the defendant at the time of the offense (Kramer & Gagliardi, 2009). It is difficult to pretend to be insane to get away with the crimes committed. Many tests are examining the defendant state of mind to determine the …show more content…
To this day, only five states deny the defendant of the use of insanity defense. The insanity defense has such a firm historical and moral origin that provide fairness to defendants who suffer from mental disorders. It is important that the government and the public to treat them with consideration; provide them with the treatment that suitable for the individual’s illness to make them better in hope of release them back into the community when they are no longer a threat to the public rather than to confine them in prison and let them