Study Document
Justice and the Insanity Defense Term Paper
Pages:2 (598 words)
Subject:Crime
Topic:Insanity Defense
Document Type:Term Paper
Document:#10896604
That is particularly important in connection with criminally insane defendants whose mental conditions are treatable but dependent on the individual's maintaining a prescription drug regimen. For example, it is an individual suffering from a known mental condition that qualifies for the criteria of criminal insanity may be able to control that condition by following his physicians' orders for prescription medication and then simply stop taking the medication. It is conceivably possible that he could commit murder while legally insane and then be returned to society relatively soon based on resuming the appropriate medical treatment.
Second, permitting the insanity defense deprives the community, especially the victims and survivors of violent crime, from another fundamental purpose of criminal justice, namely, retribution. A perfect example would be the injustice of the case of John Hinckley Jr., who attempted to assassinate President Ronald Reagan in 1981, seriously wounding two law enforcement officers and ending the career and forever changing the quality of life of Presidential Press Secretary James Brady and that of all of the members of his family. Insult was added to injury by subsequent judicial authorization for Hinckley to be allowed to spend 120 days per year at his mother's home. In these types of cases, a concept intended to be more compassionate to criminal defendants causes unnecessary additional pain to his victims.
Ultimately, the insanity defense should be used only to determine the type of facility to which defendants should be confined; but they should remain confined for the same duration as any other defendant convicted of the same crime. Any exception to that principle should require the consent of the defendant's victims to preserve the retributive function of criminal justice. Otherwise, the insanity defense defies compassion to victims and survivors of violent…
Sample Source(s) Used
There are several bases for opposing the application of the insanity defense to criminal charges. First, it conflicts with one of the fundamental purposes of the criminal justice system: namely, the removal of dangerous offenders from society for the benefit (i.e. safety) of law-abiding members of the community. That is particularly important in connection with criminally insane defendants whose mental conditions are treatable but dependent on the individual's maintaining a prescription drug regimen. For example, it is an individual suffering from a known mental condition that qualifies for the criteria of criminal insanity may be able to control that condition by following his physicians' orders for prescription medication and then simply stop taking the medication. It is conceivably possible that he could commit murder while legally insane and then be returned to society relatively soon based on resuming the appropriate medical treatment.
Second, permitting the insanity defense deprives the community, especially the victims and survivors of violent crime, from another fundamental purpose of criminal justice, namely, retribution. A perfect example would be the injustice of the case of John Hinckley Jr., who attempted to assassinate President Ronald Reagan in 1981, seriously wounding two law enforcement officers and ending the career and forever changing the quality of life of Presidential Press Secretary James Brady and that of all of the members of his family. Insult was added to injury by subsequent judicial authorization for Hinckley to be allowed to spend 120 days per year at his mother's home. In these types of cases, a concept intended to be more compassionate to criminal defendants causes unnecessary additional pain to his victims.
Ultimately, the insanity defense should be used only to determine the type of facility to which defendants should be confined; but they should remain confined for the same duration as any other defendant convicted of the same crime. Any exception to that principle should require the consent of the defendant's victims to preserve the retributive function of criminal justice. Otherwise, the insanity defense defies compassion to victims and survivors of violent crime.
Related Documents
Study Document
Insanity Defense and the Unabomber
If someone is mentally weak in any way, such as those who would be eligible for the insanity plea, sending them to prison would be very dangerous indeed, for they would be more likely to be influenced into being worse criminals. Additionally, those with disabilities, physical or mental, are even more likely than the general population to the raped and sexually abused behind bars. Evidence shows that one out
Study Document
Insanity Defense in the United
If the Texas legislature would consider the addition of a volitional provision, no matter what form they might choose, would mark a substantial improvement to what presently exists. Such addition would represent a modernization in attitude and would allow the law in Texas to comport more closely with the prevailing societal views on mental health. Those with severe mental health issues deserve the opportunity of having their conditions treated. Lacking
Study Document
Insanity Defense
The Insanity Defense: Exploring Legal and Ethical Dimensions Introduction The insanity defense is a controversial legal strategy that allows individuals accused of committing a crime to claim that they were not mentally capable of understanding the nature of their actions or distinguishing right from wrong at the time of the offense. This defense is predicated on the belief that individuals suffering from severe mental illness or disorder should not be held criminally
Study Document
Judicial Process: The Insanity Defense
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
Study Document
Criminal Insane Defense the Insanity Defense Has
Criminal Insane Defense The insanity defense has been a topic of much controversy because of its perceived means of excusing someone from a crime that has been committed. Although much is perceived of the insanity defense as a way to avoid accountability, it is actually the least used defense strategy because of its extreme difficulty is proving it (Knoll & Resnick, 2008). Every individual is different, but someone trying to plead
Study Document
Ethics in Insanity Defense
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