Insanity Defense: Why Should It Essay

pussyfootThe author of this paper argues several agents why the madness justification should be changed or either eliminated. The reasons atomic number 18 considered and supported by evidence. The conclusion states that frenzy should be altered or eliminated for the safety and well being of confederacy. hallucination Defense Why Should It Be Abolished Or AlteredIntroductionThe alienation defense lawyers asserts that the criminal suspect is not guilty by reason of lunacy. This theory should be abolished or altered. The proposal behind the defense is passel who are demoniacal pratnot make up the know takege required to perform a criminal bring beca use they either do not know that act is wrong or cannot control their actions even when they understand the act is wrong, save this theory is controversial because craziness is difficult to define, and the tidy sum in which monomania can be used to excuse criminal responsibility are difficult to define. History And Backgrou ndThe theory of the insanity defense has been rough since ancient Greece and Rome. The theory was put in to use by Edward II. on a lower floor the English common law, a some(a)one was declared insane if their kind capacity was no more than a so-called wild savage. The first insanity trials began in 1724, those whowere insane and under the age of 14 were form not guilty in the court of law. (Wiki 2011) This at last led to any criminal or suspect being able to use the plea to excuse the act that had been commit. Though the act was in score it wasnt upheld in court and wasnt bother at the time. In 1986 (Ford v. wagonwright) the US Supreme court upheld the common law that the insane cannot be executed. It excessively stated that a mortal under the death penalisation is to be given a competency evaluation and a perceive in court on his or her chances to be executed. In Wainwright v. Greenfield the prosecutor can argue that a somebodys suppress during the readings of the ir Miranda rights is evidence of insanity. (Wiki 2011) The court gives jurisdiction for insanity in different rules or a combination of them.The MNagthen rule is where the sufferant either did not understand what he or she did or failed to tick off right from wrong, because the disease of the mind. The Irresistible Impulse test as a result of genial disease, defendant was unable to control his impulses, which led to the discourtesy committed. The Durham Rule regardless of any diagnosis, defendants amiable defect resulted in the criminal act. Finally the Model Penal law due to the diagnosed noeticly ill defendant either failed to understand the shame of his or her acts or was unable to act within the confines of the law. (Lally 1997)) The defense declares that a criminal defendant should not be guilty because the defendant is insane. Whens someone commits a criminal offence in todays society he or she may use mental illness as a defense, know as insanity plea or insanity defe nse (Dubsinki 1986).What the insanity defense does is try to give the criminal a so-called fair trial. Even if the annoyance committed is very extreme and seems to be unruly. The problem arises where do we draw the line for these criminals. What principle is a mortal considered insane and how is the tested? monomania defense has been a problem in recent years, and that all criminals have some sort of mental illness. The villainy itself no matter how extreme questions the fact if it demonstrates insanity. It has been a study ordeal in our legal frame today. If the criminals are considered insane and come on of touch with reality, the justice system agrees to pass the trial and the criminals are entered into a mental hospital. (Carpenter 2011) Criminals are then found not guilty by reason of insanity.The ProblemFor instance, the problem with insanity defense is legal analysts judge each client or criminal from a legal angle, also conversing to different doctors as well as sp ecialists. Each client has to afford tests. They do not actually come up with scientific examine from the brain to say the mortal is either mentally ill or not. (caravansary 2014) This is the hardest part of the insanity defense, determine whether or not that person is mentally insane or acting like it. How can a person who kills twelve people including women and children be allowed to live in mental hospital while the victims families suffer from the loss of their loved ones. forensic psychiatrist Jonas Rappeport saw such pleas during his quarter century as party boss medical officer of Baltimores Circuit Court said, When youve got no intermit defense, thats the way to go.(White 2011)The fact is sometimes these criminals are using the insanity defense to avoid the death penalty and continuing to live flavor in prison or mental hospitals, and under some circumstances are released from the mental hospitals affirming the patients have been cured (Khan 2014). Any defendant can us e the defense. Lorena Bobbitt argued she was temporarily insane when she severed her husbands extremity with a kitchen knife four years ago. She was released after three months of psychiatrical evaluation. (Carpenter 2011) Crimes happen everyday, some abhorrences are inexcusable and those who commit them should be punished. The punishment should die the crime if we do something that is equally as extreme as take a life from another person, we should not be allowed to defend ourselves by insanity. Murder should go charged which is why the insanity plea should be altered or erased. It allows the criminals to go unpunished for their crime.Rebuttalthither are however many criminals who do have some compositors subject area of mental illness, but still are not eligible for the insanity plea. As sh take in a recent survey of prison populations in that respect are higher rates of mental illness and substance call out among inmates than the general population. (Lally1997) The deter mining of insanity is very difficult and can inaccurate. If the person is clinically insane what principles do we use to penalize the individual for the crimes they committed? If he or she does not know right from wrong and if the person is out of touch with reality, under what circumstances is the plea suitable for the crime committed? An example would be if shoplifter wascharged for his or her crime and uses the insanity plea as a defense saying they werent in touch with reality, we would give that person a reduced sentence. If the person confirms to be insane they need to receive help, if we decided to put that person into a prison it would not help them what so ever.The insanity plea is a very controversial topic many people conjecture it should be erased others think it should be altered. The difficulty of changing the plea is because of the determining if one is sane of not and under what right to do we have to choose the faith of another person. Resolution Accordingly resolu tion is the insanity plea should be erased or abolished because its a threat to the American people. Considering a large number of Americans intuitive feeling the insanity plea should be erased or even altered to protect peoples own safety. (Dubsinki 1986) Using the insanity plea in a murder case and getting away with disproves the American people. Imagine the reaction people would feel if a murderer who just recently left the mental refuge after pleading mentally insane were walking raise to shoulder to them. alienation should not be used as a so-called excuse to avoid the punishment of the crime someone has committed. They should be punished for their actions they choose to do and neither the justice or court system should have a say in that.Even though the difficulty to prove sanity is questionable, the person should go through a broader series of tests and have evidence compelling towards insanity. (Harris 2013) If this person is sent to a mental hospital and then is consid ered cured or not a threat, he or she free to go which is wrong and corrupt. We should have firm precedent for judging whether a person is mentally ill or not. shutdown Thus, the plea should be altered or even erased in some circumstances. Even though some of crimes committed would result in a death penalty for those who murder and kill for no reason. If that person is insane, the punishments should fit the crime they have committed. If they are unaware of what they were doing and the result is being found not guilty, who is to say that they will not commit another crime again. Murder should be punished with death in my opinion and the crime should fit the punishment and there should be no alibi in the court system. If we let these people continue to use this excuse eventually our jails and mental will be full and the government will be spending even moremoney. (Harris 2013) Taking these so called mentally insane people off the streets will give America a safer conscious.Reference s,Dubsinki, K. D. (1986, July 15). Insanity Defense. In Chicago Tribute. Retrieved jar against 28, 2014, from http//articles.chicagotribune.comKhan, Z. (2014, March 21). Interview by HK Khan Personal Interview. Insanity defense Harris, M. (2013, January 14). Insanity plea repeated. In The Baltimore Sun . Retrieved March 20, 2014, from http//articles.baltimoresun.com/2009-01-14/Insanity defense (2011, April 11). In Wikipedia . Retrieved April 17, 2014, from http//en.wikipedia.org/wiki/Insanity_defenseCarpenter, P. (2011, December 29). Legal system involve to rethink insanity, related defense ploys. In The Morning Call . Retrieved April 17, 2014, from http//articles.mcall.com/ White, M. D. (2011, January 11). Debating the Insanity Defense. In Psychology Today . Retrieved April 16, 2014, from http//www.psychologytoday.com/blog/ Lally, S. (1997, November 3). Drawing a clear-cut Line Between Criminals and the Criminally Insane. In Washington Post. Retrieved April 20, 2014, from http// www.washingtonpost.com/wp-srv/local/longterm/aron/expert1123.htm