Preview

Criminal Justice

Good Essays
Open Document
Open Document
523 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Justice
Read the insanity defense articles in the "insanity defense" folder (found in module 2). Summarize the insanity defense in Arizona. What purpose do you think this defense was intended to serve? Do you think the "insanity defense" should exist? Use your module readings to support your answer.

Arizona uses a modified version of the M 'naghten rule (A test for criminal insanity). The defense team is responsible for proving that. The state of Arizona also uses the "Guilty but insane" verdict as well.

I believe the reason the insanity defense is in place is to protect those that are mentally ill and commit crimes.

I do think that the insanity defense should exist- even though only 1/8th of them are successful according to our readings. What I dont like about the insanity defense is declaring someone temporarily insane. I guess I dont see how someone can momentarily be insane and commit a crime. I could see the lack of premeditation and the heat of the moment or self defense but how does that make them temporarily insane? I cannot grasp this concept at all.

Compare and contrast the due process model and the crime prevention model. I am looking for you to summarize the definitions provided in the textbook by paraphrasing (not quoting). Which model is practiced in the United States? How do you know? Explain your answer. Do you think the United States should adopt a different model? Explain your answer.

The crime control or prevention model is about identifying factual guilt, and the due process model is about identifying legal guilt. The example used in the book mentioned that a man stole a womans purse and the officer witnessed the event and chased him down and caught him. From that point the man confessed to committing the crime. This would be considered factual guilt- the officer witnessed it and the man confessed. All the facts are pointing to yes, that the man in fact was guilty of said crime. However, with due process model he was not "legally


References: criminal.findlaw.com http://criminal.findlaw.com/criminal-procedure/the-insanity-defense-among-the-states.html Reichel, Philip Comparative Criminal Justice Systems;chapter 3
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Criminal Acts and Choice Theories
    • 263 Words
    • 2 Pages

    Criminal Acts and Choice Theories

    Crime Control model and Due Process Model are two models for society which determine which acts are…

    • 263 Words
    • 2 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    The Insanity Defense
    • 970 Words
    • 4 Pages

    The Insanity Defense

    The insanity defense is one of the several legal questions that might be raised in a criminal case. This type of defense in a criminal case focuses on the defendant’s cognitive and mental state at the time of the offense. Due to this speculation, the questions focuses on whether the defendant is criminally responsible for his or her behavior due to the mental state at the time of the offense (Hugaboom, 2002). Also, additional questions are required to determine psychological evidence might also be included in the case. The psychological issues will include the defendant’s competency to stand trial, the mental conditions that are relevant in consideration of the sentencing, and competency to waive rights. According to Hugaboom (2002), insanity…

    • 970 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Due Process vs. Crime Control
    • 676 Words
    • 3 Pages

    Due Process vs. Crime Control

    The Due Process Model emphasizes the adversary system. The Due Process model also puts on emphasis on the rights of the person or people who are being accused of a crime. The Due Process model consists of many factors but a few are the idea of aggressive police enforcement, equitable and fair-minded judicial process, and imposition of proper and reasonable punishment. The main idea encompassing the model of Due Process is to make sure that people who are innocent are not being wrongly convicted or targeted. The Due process Model suggests that society and the judicial process should engage in considerable efforts to protect those who may be wrongly accused. It is important to keep in mind that there is the argument that the due process model focuses more upon the rights of the accused instead of the rights of victims.…

    • 676 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Models Of Crime Deterrence Herbert Packer
    • 175 Words
    • 1 Page

    Models Of Crime Deterrence Herbert Packer

    Herbert Packer has developed two important models of crime deterrence. The first, is referred to as the crime control model, a conservative approach whereby a suspect should be detained or arrested until he or she is proven guilty (Cooper, 2014). The second is referred to as the due process model. According to the basic stipulations of this model, a suspect should be presumed as being innocent until there is adequate evidence to prove that he or she is guilty. This implies that a suspect should not be detained or arrested until the due process of determining his or her involvement in crime is completed. In view of these stipulations, it is evident that the due process model is founded on a liberal approach while the crime control model is founded…

    • 175 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Powerful Essays

    Summary Of Dennis Pozniak's Insanity Case
    • 1368 Words
    • 6 Pages

    Summary Of Dennis Pozniak's Insanity Case

    This means that the guilty individual receives the fairest possible sentence. A comparison to another insanity defense used, was the case of the Esposita brothers who had clearly faked being insane to get out of a death sentence. The Esposita brothers set a plan to gain money through robbery and were well equipped to take lives if anyone stood in the way. Both brothers were charged for murder of police officers and citizens. During their court trial, the Esposita brothers pretended to show signs of insanity by speaking in gibberish and banging their heads against the table. The jury was not convinced due to lack of evidence showing past history of insanity and had sentenced them to death by electrocution in 1942. This is one of many cases where a criminal had attempted to get out of a deserving consequence by using the insanity defense. Although it is rarely the case, some criminals convince the judge that they truly are insane when in fact, they were simply successful in fooling the judge. In comparison to the case of Dennis Pozniak who clearly was insane, it was determined that there was no benefit to the actions performed by Dennis and it was simply a spontaneous event that was brought due to an insane state of mind. Is it fair for an individual to get out of their deserved consequence simply because they convinced the judge that they are insane? I believe that unless the…

    • 1368 Words
    • 6 Pages
    Powerful Essays
    Read More
  • Good Essays

    Mcnaughton's Defense: The Insanity Defense
    • 295 Words
    • 2 Pages

    Mcnaughton's Defense: The Insanity Defense

    The insanity defense is not covered as its own constitutional right, although it faults under the due process clause in the 5th and 14th amendments. The states define their own elements for what constitutes insanity, using the common law as a guideline. Mens rea—Latin for the “guilty mind” — is one of the necessary elements for insanity. If found incompetent, the person is usually charged to…

    • 295 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Eddie Routh Case Study
    • 803 Words
    • 4 Pages

    Eddie Routh Case Study

    The insanity defense is only raised in 1% of cases and then only successful 25% of the time it is used; although its rarity, the legal court has very detailed rules. Most rules describe not guilty by reason of insanity as not being aware of what you were doing in that exact moment. Adam Banner suggests that the Eddie Routh case had an accurate ruling of guilty because of his claim that, “...the disposition is ‘not guilty by reason of insanity’. It is not ‘not guilty by reason of mental illness’,”. Only Mental Health America would disagree, stating, “The Court has indicated that states may be required to provide at least some minimal defense based on mental illness,”. Coincidently, these changes have not been made thus…

    • 803 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Ohio Insanity Case Analysis
    • 1349 Words
    • 6 Pages

    Ohio Insanity Case Analysis

    According to Frontline, it is used in “less than 1 percent of felony cases, and is successful in only a fraction of those” (Insanity defense faqs). Less than one percent, that’s how many times the insanity defense is used. According to the National Institute of Corrections, “In a 2006 Special Report, the Bureau of Justice Statistics (BJS) estimated that 705,600 mentally ill adults were incarcerated in State prisons, 78,800 in Federal prisons and 479,900 in local jails” (Mentally ill persons). Look at those numbers. The number of mentally ill adults incarcerated in state, federal and local prisons or jails is a staggering one million two hundred sixty four thousand three hundred mentally ill, that is 1,264,300 incarcerated in the United States. Why then, is the percentage less than1% when it comes to those who use the insanity defense during court? The Sentencing Project says that there are “2.2 million people currently in the nation's prisons or jails” (Incarceration). According to the numbers, the mentally ill make up more than 1% of those incarcerated. In fact, the mentally ill in the prison system is at 57% of those in the entire prison system. How is it that 57% of inmates in prison are mentally ill, but only 1% use the insanity defense? What is wrong with the insanity defense then? For starters, it is difficult to prove and the burden of proof lies on the…

    • 1349 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    Profound Pros And Cons Of The Insanity Defense
    • 553 Words
    • 3 Pages

    Profound Pros And Cons Of The Insanity Defense

    The insanity defense should be allowed for those with a mental illness when they commit a crime since they are not in control of their actions. “If a person really does have mental incapacity, and it will be considered that his condition has caused him to commit a capital crime, which means the defense could save his life. Put in mind that a capital crime carries a punishment of eventual death. However, being found not guilty because of insanity means that a capital punishment is out of the question. It could mean that the accused would just be housed at a professional mental health treatment center. Though it might not be jail, still it gets him off the streets,” (12 Profound Pros and Cons of the Insanity Defense [Web log post]. (n.d.). Retrieved May 16,…

    • 553 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    Why Should Insanity Defense Be Eliminated
    • 1668 Words
    • 7 Pages

    Why Should Insanity Defense Be Eliminated

    The author of this paper argues several reasons why the insanity plea should be changed or either eliminated. The reasons are considered and supported by evidence. The conclusion states that insanity should be altered or eliminated for the safety and well being of society.…

    • 1668 Words
    • 7 Pages
    Better Essays
    Read More
  • Better Essays

    Crimianl Procedure Policy
    • 1073 Words
    • 5 Pages

    Crimianl Procedure Policy

    Due Process and Crime Control models reflect the law differently by its beliefs and procedural process. Due Process was designed mainly to ensure the defendant’s constitutional rights under the Constitution of the United States of America. Crime Control model leans more toward the victims of the crimes versus the offender. Such model is asserted to ensure that offenders are punishing, and the victims are afforded vindication. Nevertheless, both the Due Process and Crime Control model reflects different sides of the law and its purposes in the criminal justice system.…

    • 1073 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Pros And Cons Of Insanity Defense
    • 997 Words
    • 4 Pages

    Pros And Cons Of Insanity Defense

    So does a person who committed crime can use insanity defense as an excuse for his/her actions? Insanity defense can be a possible escape to a crime but in order to affirm that the defense of insanity or the insanity plea. Critics argue that some defendants misuse it, effectively faking insanity to win a release or less severe convictions. The controversy of this debate will never end. The insanity defense reflects the perception that the person who cannot be liable of their actions should not be punished for criminal…

    • 997 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Compare And Contrast Insanity And Pleas Insanity
    • 699 Words
    • 3 Pages

    Compare And Contrast Insanity And Pleas Insanity

    People assume that everyone who commits a crime and pleas insanity is using it as a way to get out of the crime they committed, especially murder. What most do not know is how hard it is to actually be convicted of Insanity. When someone is convicted of insanity, that also does not mean they are off the hook. Most if not all face a longer sentence then if they did not get convicted of insanity. What exactly does insanity mean? “Insanity is the legal term that refers to a mental disease or defect that impairs the reason and or will to control actions.” (Samaha,2015, pg209) There are two cases that I am going to talk about that both plead insanity but both had different results. The case of Andrea Yates and Eddie Ray Routh, two very big cases that happened years apart from each other in Texas…

    • 699 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Essay On Insanity Defense
    • 842 Words
    • 4 Pages

    Essay On Insanity Defense

    The insanity defense, also known as the mental disorder defense, is a defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to an episodic or persistent psychiatric disease at the time of the criminal act. The…

    • 842 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Due Process v. Crime Control
    • 716 Words
    • 3 Pages

    Due Process v. Crime Control

    The main fault of the crime control model is that it places too much emphasis on controlling crime. By doing this an individual’s constitutional rights are most often infringed upon. The due process model places its emphasis on the individual’s rights. Both the offender and the victim have constitutional rights and those rights should be protected. While the due process model is the basis for our Criminal Justice system it is not infallible. Many complain that is places too much emphasis on individual liberties and instead protects the offender and ignores the victim. (Perron, n.d., para. 3)…

    • 716 Words
    • 3 Pages
    Good Essays
    Read More

Related Topics