For example, there is currently a case in Florida were a 50-year-old woman shot and killed her teenage son and daughter. She said she did it because they were "mouthy" to her and she was tired of it. There is no word yet on whether she will plead insanity, but there is evidence that she purchased a gun days before the shooting occurred (Brennan, 2011). That could block her chances at having an insanity plea accepted by a jury, because the purchase of the gun shows planning on her part.
Rules of the States - Cases
Each state sets its own rules about what makes a person "insane," because when used in this way it is a legal defense and not a medical defense. Whether a state wants to consider lesser degrees of mental difficulty as part of a person's defense (by reducing that person's punishment, for example) is up to that state (Burns, 2011). Some states will do that, but it is at their discretion. Florida has nothing in its statutes to indicate that this would be an option, but there is also nothing that specifically prohibits it. Public outcry may affect how a mentally ill person is treated, but ultimately it is up to a judge (or jury) to determine guilt and hand down punishment for a crime that has been committed. While they sometimes listen to popular opinion - especially on high-profile cases where that is hard to avoid - they ultimately must come to their own conclusions regarding the guilt or innocence of a person who is on trial and the punishment that person should receive.
The insanity defense overall is not overused. Some people actually do meet the criteria for being criminally insane, and they can be a serious danger to society. Still, out of all the U.S. criminal cases, the insanity plea is used only 1% of the time - and 35% of those are cases involving murder (Burns, 2011). Out of those cases, 25% are successful. Seventy percent of the successful cases come about because of a deal being struck between the prosecution and the defense (Burns, 2011). There is also the issue of whether a person who is, technically, insane, can be treated and medicated so that he or she is deemed sane enough to stand trial. This can affect the outcome of the case and what will happen to the person who has been accused of the crime.
Some argue that the insanity defense should be abolished because of its lack of use, but there are cases where it is clearly warranted. There have been several notable cases where the insanity defense has been used, including the Andrea Yates trial and Italy's "Black Widow." Lorena Bobbitt was another case where an insanity or mental illness defense was used. She was eventually found not guilty due to the "irresistible impulse" defense (Burns, 2011). It is easy to see that there are many opinions on the insanity defense, and there are times when it perhaps should have worked for a severely mentally ill person but did not. In other cases, people "got away with" their crimes in the minds of the jurors because they were placed in a mental facility instead of in prison.
There is currently no movement to abolish the insanity defense, so it appears as though it will be around for some time to come. However, the argument that is wastes a lot of money and is not worth the time and hassle is one that is still being made. Since it is used so rarely, the cost of it may actually be less than society thinks - and when someone really is so mentally damaged that they do not know right from wrong it seems unfair to incarcerate them for life or execute them. There have been cases of mentally ill people and people with low IQs being sentenced to death, when they really did not understand the nature and severity of their crime. One man with a low IQ even asked if he could save the dessert from his last meal until after his execution. He clearly did not understand that he would not be...
Ethical Issues With the Insanity Defense Ethical Issues w / Insanity Defense The insanity defense may seem to have a distinct and real place in the legal world. However, defining who is insane, who is not insane, what the definition of insanity is, whether insanity is temporary or permanent, who should be liable and when and so forth are all burning questions that are extremely hard to answer in a scientific, dispassionate
Powell points to the fact that "in Georgia, for example, the time between the date of the murder and the murderer's execution (if it occurs) averages close to I0 years 25 Although the average lapsed time in Georgia may be the highest, the same situation generally prevails in a number of other states. No one would suggest that this is satisfactory." (Powell, 1038) Indeed, according to Calvert (1993) it demonstrates
For example, they should be required to complete at least 20 hours of training on brain disorders. It is ideal if consumers and family members become part of the activity and process. It must also be emphasized that, in most cases, dangerous or violent acts committed by persons with these brain disorders are the consequence of neglect, inappropriate or inadequate treatment of their illness (NAMI). The Alliance also contends that
The subchapters tend to follow similar structures, with the punishment in each case being discussed at the very end. Chapter 10 refers to crimes against habitation, notably criminal acts such as burglary or arson. The conditions for a criminal act of this nature to occur are discussed, as well as the different statutes that regulate the legal framework for each of these situations and the punishments applicable. Important restrictions apply
Moreover, in Perry v. Louisiana, 498 U.S. 38 (1990), the Court used that decision to bolster Louisiana's attempts to forcibly medicate a prisoner in order to make him death-eligible. If one agrees that the death penalty is a just penalty for one who has committed a capital crime, and that the reason that mentally ill defendants should not be executed is because they lack competence, then it does not
4, para.2). Therefore, the presence of an underlying mental illness that did not render a defendant unable to appreciate that he was committing a crime or compel him to commit it, may still be sufficient to mitigate the crime. Furthermore, a lack of mental ability that does not rise to the level of mental retardation may be introduced to mitigate the crime. Therefore, the forensic psychologist needs to be able
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