Many contend that this ability shows that the person is rational and should be punished accordingly. While others argue that, the ability of a person to know that they are insane does not make them sane. In either case, the insanity plea remains as a controversial subject.
Within the realm of psychology, the issue of insanity has always been a topic of interest. Psychologists have long asserted that there are various mental conditions that render individuals insane. These conditions include schizophrenia, bipolar disorder and even certain forms of depression. Psychologists contend that these conditions can make an individual unable to rationalize.
A book entitled Court-Ordered Insanity: Interpretive Practice and Involuntary Commitment explains that many cases involve the hospitalization or commitment of the client. In these cases, the book explains that the client mental problems make it difficult for them to operate in a normal prison environment. In such cases, the criminal is placed in a facility so that they can get the proper treatment. (Holstein 1993)
The book also asserts that courts have preconceived notions about the mentally ill. The author explains that as court personnel impute mental illness, they implicitly structure their interpretations of patients' behavior more generally. That behavior, viewed as a product of mental illness, then serves to further document the presence of the illness itself. Thus, descriptions of patients as mentally ill and subsequent interpretations of their behavior stand in a fundamentally dialectical relation to one another. The underlying pattern -mental illness -- provides the basis for interpreting actions in a meaningful, distinctive way. The actions, so interpreted, in turn serve to document, substantiate, and sustain the underlying pattern." (Holstein 1993)
The journal Teaching Psychology asserts that there is also a distinction to be made between defendants that plead "not guilty by reason of insanity" and those that plead "guilty but mentally ill." (Fass 1999) the article asserts that the former indicates that the client is not guilty of the crime because they are insane. The latter describes an individual that acknowledges their guilty but believes that their behavior was exacerbated by an existing mental illness. (Fass 1999) These distinctions...
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