This website uses cookies to ensure you have the best experience. Learn more

The Insanity Plea Essay

2371 words - 9 pages

Over the years the standards and requirements for the insanity plea have changed, from strict to lenient back to strict and so on. According to the article ‘Insanity defense among the states’, in some states for example Kansas, Montana, Idaho, and Utah just abolished the ability to pleading insanity all together. (Insanity defense among the states) In other states the requirements vary like in California they use the McNaughton rule which says that to be declared insane, defendants must either not have known what they were doing at the time or not have realized their actions were wrong. (Insanity defense among the states) Despite the fact that people plead insanity it is not confirmed they will be granted that permission and there is no possible way to prove that they were actually insane at the time, the insanity defense is needed because it is a right that we are entitled to use and some people really were not aware of what they were doing so they should not receive a punishment that they do not deserve.
Despite the fact that people plead insanity it is not confirmed they will be granted that permission and there is no possible way to prove that they were actually insane at the time even with all the research and studies that they run. People say that if a person is found innocent but insane then that person is sent to a psychiatric hospital and if they get better they can even get out earlier than they were sentenced to no matter how big the crime that they committed was. But they are wrong, according to the article ‘the insanity verdict on trial’ research shows that those who have been sent to a psychiatric hospital stay just as long as a person who committed the same crime and is in prison, even though in some states such as California and New York they stay longer. (Lilienfeld 2011) Only about 1% of those are released immediately, the rest is about three years. The insanity plea is not a “get out of jail free card” it is a rare exception that allows people who need it to be able to get the help that they need.
Even though people plead insanity and there is no possible way to prove if they were, the insanity defense is needed because it is a right that we are entitled to use if needed. According to the article ‘The Insanity Defense’, John Delling was convicted of shooting and killing two of his friends, he believed that he had to kill them because they were killing him. (Caplan 2012) He suffered from severe paranoid schizophrenia and according to a psychologist he was “grossly psychotic” when he committed the crime but the court decided not to take the case and he was convicted with second-degree murder and received life without parole which is the worst punishment anyone could receive. (Caplan 2012) People might say that it would have been wrong to send him to a psychiatric hospital instead of prison because then he could eventually get out of jail and it would be like setting a murderer free. However, this violated the constitution...

Find Another Essay On The Insanity Plea

The Insanity Defense Part I When is the insanity plea a reasonable and

866 words - 3 pages The Insanity Defense Part IOutlineWhen is the insanity plea a reasonable and ethical tool?Thesis: Although some criminals abuse the insanity plea by invoking it to escape being punished for their crimes, the insanity plea should nevertheless still be allowed for those with a documented record of mental illness.I. Background information on the insanity plea [the M'Naughten case]II. Abusing the insanity pleaIII. Importance of the insanity plea in

Summarizes "Insanity Plea" by William J.Winslade and Judith Wilson Ross. Speaks also about different ways people have used and abused the Criminal Justice System using The Insanity Plea

991 words - 4 pages wasthenbrought to court on the charges of 1st degree murder where he wasfound not guilty due to the plea of Insanity. On Thanksgiving Day,1976, Torsney had to work and was unhappy about it. At thirty-fourhe had been on the force for about 8 years and he was sick andtired ofthe conditions he had to work through. He would rather be athomewith his wife and kids at Thanksgiving, just like the average personinAmerica was doing. He made a note of the

This essay argues against the insanity plea. It gives about 5 points/arguments that prove the defense faulty, and tell that it should be abolished from court rooms

1081 words - 4 pages , especially a murder should go uncharged which is why the insanity plea should be abolished. It allows for the "mentally insane" people to go virtually unpunished for their crime. For hundreds of years civilized courts have recognized that, when a person who is mentally unstable is accused of a crime, it is a special circumstance and they must be deal with in a different manner than a sane person would.Granted the opponent must have some valid points

Insanity Plea in Court

2265 words - 10 pages After committing a crime a criminal will sit in a cell and wait for a court date. During this time period the alleged criminals will be consulting with their attorney plotting out what will be said and how they should plea. Most go to court and plead not guilty; few plead guilty, and out of all the court cases only one percent plead not guilty by reason of insanity. Pleading insanity would mean at the time of the defendants actions he or she

Solution Paper

652 words - 3 pages order to receive a lighter sentencing. It has been noted that there are many issues regarding the insanity defense and as of today, nothing major has taken place to solve it. In response to this problem, 14 states have issued a GBMI verdict otherwise known as the “Guilty But Mentally Insane” verdict. Due to the abuse of the insanity plea, convicted individuals should be sentenced using the Guilty But Mentally Insane verdict rather than the Not

The Insanity Defense

2225 words - 9 pages Over the years the standards and requirements for the insanity plea have changed, from strict to lenient back to strict and so on. In some states for example Kansas, Montana, Idaho, and Utah just abolished the ability to plead insanity all together. (Insanity defense among the states ) In other states the requirements vary like in California they use the McNaughton rule which says that to be declared insane, defendants must either not have

Before and After Ciminal Asylum, Hammurabi's Code

1582 words - 6 pages Good and Evil Test The Insanity Plea has been around for more years than anyone can imagine. The history of the plea can be dated back as far as 1772 B.C. in Hammurabi’s code. During the times of, the Empire of Rome called people who were convicted to be "non-compos mentis". Non-compos mentis means "without mastery of mind and not guilty for their criminal actions". (Borum & Fulero, 1999) There had begun a feud over what to call this before

The Insanity Defense

1170 words - 5 pages often. Virtually all studies conclude that the insanity defense is raised in less than 1 percent of felony cases, and only a quarter of these resulted in a successful acquittal and are usually the result of a plea agreement in which the prosecution and the defense agree to a not guilty by reason of insanity (NGRI) plea. Works Cited Knowles, Brian (2000). Is the Insanity Plea Allowing Criminals to Avoid Justice? Retrieved on 5/25/2010 from

“I’m crazy I swear. Now let me off”: The Insanity Defense

2390 words - 10 pages insanity. His defense: “not guilty by reason of insanity.” Should he be let off? The insanity plea should be changed to “guilty by reason of insanity” to protect the justice of the American people. Criminals should not be able to get out on an insanity plea, or be treated any differently. Their physical body committed the crime, therefore they should be charged for it, no matter the state of mind they were in. Former U.S president Ronald

Civil Commitment and the Mentally Ill

1271 words - 6 pages ). In this paper we will talk about the insanity statutes being used in the state of Georgia and how often the insanity defense is being used, and the major criticisms of the insanity defense. For many years the public has fought with the idea that a mentally ill person should not be held accountable for criminal crimes (Allnutt, S., Samuels, A., & O'Driscoll, C. 2007). In states Montana, Idaho, and Utah, does not consent for the defendant to plea

Answers whether the insanity defense has a useful fuinction

1162 words - 5 pages . So sweeping, in fact, would be its effect, that it would probably be declared unconstitutional.A more limited reading of the wording "mental condition shall not be a defense to any charge of criminal conduct" would mean that an affirmative plea of "not guilty by reason of insanity" could not be raised. The crucial distinction here is drawn between affirmative and ordinary defenses. An ordinary defense is simply an attempt to show that the

Similar Essays

The Insanity Plea Essay

1101 words - 5 pages was made by her defendents, she was found not guilty. But why? Why are these obvious killers not going to prison for their crimes? The answer to this question would be that both the Sickles and the Yates case are two of the most famous cases involving the insanity plea defense. The insanity plea is when the person accused of the crime admits to committing the crime, but denies responsibility on the basis that they were not mentally competent at

The Insanity Plea Essay

1072 words - 5 pages against the abolition of the insanity defense bring up talk of the offenders themselves. There have been many questions about the ethics of urging a defendant to seek the guilty plea (Acorn, 2011). Because of the stigma that persists, since the majority of associations of those that are criminally insane is with Charles Manson rather than with other people (Hans, 1986).   In his attempt to show that the insanity defense did little more than to

History And Effectiveness Of The Insanity Plea

1089 words - 4 pages , McNaughtan spent twenty years in a mental asylum until his death. Although helpful to truly insane criminals, the insanity plea has many flaws when it comes to the victims. Pleading insanity should be outlawed because it is unfair to the victims’ families, dangerous to society, and ambiguous in its interpretation. One flaw of the insanity plea is how the victims and their families are affected. For example on March 21, 2010, Kathy Powell, the

The Insanity Plea And Mental Illness

1165 words - 5 pages The insanity plea, or the “irresistible impulse” defense, described by Martin (1998) as “a plea that defendants are not guilty because they lacked the mental capacity to realize that they committed a wrong or appreciate why it was wrong.” Remains a very controversial within the judicial system, with many believing that the defense attempts to fake a purportedly guilty man’s insanity, more often to make sure the defendant gets a less harsh