Preview

Hillside Strangler

Better Essays
Open Document
Open Document
1293 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Hillside Strangler
THE HILLSIDE STRANGLER:
Easy Way out with an Insanity Defense

By: Brian Gomez
PSY 370
Professor Kucharski

In much of the history of court cases there has been faults where criminals will try just about anything to get out of a murder charge or any other type of charge so they won’t serve time in jail or face the death penalty. Indeed making up an insanity defense requires a person to not break out of it in the eyes of court officials, judges, and even lawyers. In doing this, a criminal could indeed go insane for real if they keep it up long enough. A persons mind will be susceptible in trying to believe there crazy just so the test psychologists or lawyers place on the suspect would show that they are not lying and they wouldn’t be able to be competent to stand trial. Malingerers manipulate the jury’s view of the law making it impossible to send a criminal away for their actions and also implementing a door to make an insanity defense a reliable one in the eyes of freedom. A case that is well known for an insanity defense is the Kenneth Bianchi case, a.k.a Hillside strangler. The case was about Kenneth having strangled and killed various women over a period of five months from 1977 to 1978. When he was finally caught he had acted as he did nothing wrong and that he wasn’t aware of his actions. This would be the start of a defense that he will try to use to manipulate the courts into believing that he wasn’t aware of his actions. In the court case many tests are being ran on Kenneth to see if any correlation of insanity isn’t persistent with his personality. The MMPI-2 is a test that is used in courts that use it to draw out rare symptoms, symptom severity; the obvious and subtle symptoms of insanity (Rogers, 2003) with these methods psychologists would use this while observing the person being treated as insane. When a symptom doesn’t follow up with its disorder than the person is lying about their defense in trying to not be competent for trial. The



Bibliography: Costanzo, M. (2012). Chapter 9. Forensic and legal psychology (pp. 204-205). New York: Worth Publishers. Kucharski, L., Toomey, J.P., Fila, K., & Duncan, S. (2007). Detection of malingering of psychiatric disorder with the Personality Assesment Inventory: An investigation of criminal defendants. Journal of Personality Assesment, 88(1), 2532. Hilden, J. (n.d.). 925 F.2d 305: Kenneth A. Bianchi, Petitioner-appellant, v. James Blodgett, Superintendent, Washington Statepenitentiary; Department of Corrections of Thestate of Washington; Department Ofcorrections of the State Ofcalifornia,respondents-appellees :: US Court of Appeals Cases :: Justia. US Law, Case Law, Codes, Statutes & Regulations :: Justia Law. Retrieved March 1, 2013, from http://law.justia.com/cases/federal/appellate-courts/F2/925/305/366341/

You May Also Find These Documents Helpful

  • Good Essays

    Introduction: The insanity defense has been used for many years and believed to began around the 1720’s where the first formal defense was used in a court in 1724. Judge Tracy, the judge that ruled over the first case coined a term “The wild beast standard” that states “for someone to be insane he must be totally deprived of his understanding and memory, and not know what he is doing anymore than an infant, a brute, or a wild beast” (Neville, 2010, pp.3-4). After the Daniel M’Naghten case, a man who attempted to kill a prime minister due to his belief that the prime minister was conspiring against him ended up killing the secretary, there was a new rule many states began to follow. After M’Naghten was found insane by multiple experts because he was unable to know the difference of right and wrong therefore he was acquitted of all charges (Neville, 2010, p. 5) a rule was developed labeled after M’Naghten.…

    • 1049 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Based on the email written “American Soldier Letter,” the unnamed soldier is a skeptical and exhausted individual who shows his feelings towards his experiences in Iraq. His attitudes toward his services are shown through his tone in the letter, the sarcastic examples of language to create a sense of humor, and syntax/appeals given to the readers by the speaker.…

    • 504 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Eddie Routh Case Study

    • 803 Words
    • 4 Pages

    The insanity defense is only raised in 1% of cases and then only successful 25% of the time it is used; although its rarity, the legal court has very detailed rules. Most rules describe not guilty by reason of insanity as not being aware of what you were doing in that exact moment. Adam Banner suggests that the Eddie Routh case had an accurate ruling of guilty because of his claim that, “...the disposition is ‘not guilty by reason of insanity’. It is not ‘not guilty by reason of mental illness’,”. Only Mental Health America would disagree, stating, “The Court has indicated that states may be required to provide at least some minimal defense based on mental illness,”. Coincidently, these changes have not been made thus…

    • 803 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    You are considered insane if a mental disorder stops you from managing matters or obeying the law. John Hinckley’s verdict of Not Guilty By Reason of Insanity created a big commotion among the public. Many felt that the verdict was being used as a means for criminals to avoid their prison sentence, and to await their time in a prison facility (Simon, and Aaronson, 1988).…

    • 1151 Words
    • 5 Pages
    Powerful Essays
  • Better Essays

    This paper will include what the insanity statutes are in Ohio, the state that I live in. I will also talk about how often the insanity defense is used in the United States. As well as how successful this defense is. I will also discuss if psychologists should give their ultimate opinion in regards to sanity cases as well as the ethical issues that may rise from their opinions. Lastly, I will discuss how difficult it is to provide adequate psychological care for mentally ill patients while they are incarcerated in prison. The care they would have received had they been institutionalized in a mental hospital instead would have resulted in fewer deaths.…

    • 1349 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Some cases, however, regularly make headlines as positive pioneers. Not all insane people are lured to slaughter. When life decisions get difficult and degrading others becomes a hobby, homicide may appear like a characteristic decision. “Psychopaths don't seek out treatment on their own, said Robert Hare, who has studied psychopathy for more than 40 years and developed the scale used to measure it” (Fitzpatrick, 2010). Hare explains in great detail that psychopaths, not suffering “any psychological or physical pain, believe they are perfectly sane in all aspects” (Fitzpatrick, 2010). Each had wives and had went to universities for several years to make a education. For the world wide known killers Ted Bundy and Gary M. Heidnik, both have made an impact in serial killer history. Like Ted Bundy and Gary M Heidnik,…

    • 537 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The insanity defense should be allowed for those with a mental illness when they commit a crime since they are not in control of their actions. “If a person really does have mental incapacity, and it will be considered that his condition has caused him to commit a capital crime, which means the defense could save his life. Put in mind that a capital crime carries a punishment of eventual death. However, being found not guilty because of insanity means that a capital punishment is out of the question. It could mean that the accused would just be housed at a professional mental health treatment center. Though it might not be jail, still it gets him off the streets,” (12 Profound Pros and Cons of the Insanity Defense [Web log post]. (n.d.). Retrieved May 16,…

    • 553 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    For starters, the expression, the courtroom definition, and the psychiatrist term of the word “insanity” are all different and all have different connotations. In order to be considered insane in today’s court, you have to be completely separated from reality. As described by Vaknin, “A perpetrator should go unpunished - and be hospitalized instead - only if he is found to be completely divorced from reality by diagnosticians from both sides, a far cry from today’s insanity defense” (2). To prove that a suspect is in fact separated from reality, a few things have to be proven. The first thing to be proven is if the suspect had a diminished capacity. Macbeth showed that he was mentally impaired when he brought the daggers back instead of putting them with the guards and smothering them with blood. Although he knew that he was killing, he was not stable enough to carry out the entire crime. After the first crime, he could not control his behavior anymore. It became out of hand and he wasn’t able to control it anymore. He felt the urge to kill; which proves that he had an irresistible impulse which could no longer be controlled. In a way, he also lacked criminal intent. While he intended to kill, he did it because he believed that killing the king was what he was meant to do.…

    • 1290 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    What makes a murder want to plead insanity, and why do the insane, plead sane? Our court system has special terms, to a case, if the criminal can be confirmed mentally ill. If the assailant, can prove they were under psychiatric influence, they can successfully plead insanity, and not go to prison. As normal and average minded people in society, we think it to be intricate to prove your brain doesn't work correctly, but, just act like you hear voices, or have black outs, (personality disorder) and you're golden. Today’s legal system needs to have more understanding of the psychological disorders, and just how to go about them in court, and learn that some people do not have an actual disorder, and that they are actually normal people, who think…

    • 1001 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Insanity as a Defense Views

    • 2905 Words
    • 12 Pages

    Each year the number of murders increases. Do you ever wonder if these murders would stop if the “criminals” were not given the verdict of not guilty by reason of insanity (NGRI)? In order to be eligible for this an individual must not be in a correct state of mind when the murder took place. Oftentimes, people feel that lawyers misrepresent clients as insane; when in actuality the client is competent to decipher right from wrong. In the following text, we will analyze our research of what effects Texas A&M students’ views on using insanity defense in murder trials, focusing on political views, number of sociology or psychology classes taken, and hometown population size.…

    • 2905 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    So does a person who committed crime can use insanity defense as an excuse for his/her actions? Insanity defense can be a possible escape to a crime but in order to affirm that the defense of insanity or the insanity plea. Critics argue that some defendants misuse it, effectively faking insanity to win a release or less severe convictions. The controversy of this debate will never end. The insanity defense reflects the perception that the person who cannot be liable of their actions should not be punished for criminal…

    • 997 Words
    • 4 Pages
    Good Essays
  • Better Essays

    When someone claims insanity, they are not held responsible for their criminal actions. There are two pieces of evidence the first being the accused was unable to tell right from wrong and the second that the accused did not intend to act the way he or she did and/or could not control their behavior. The insanity defense should not be a valid excuse to free criminals. Insanity is a legal term, not a psychological one, and experts disagree whether it has valid psychological meaning. Critics of not guilty by reason of insanity have claimed that too many sane defendants use the insanity defense to escape justice; that the state of psychological knowledge encourages expensive "dueling expert" contests that juries are unlikely to understand; that, in practice, the defense unfairly excludes some defendants. Research on not guilty by reason of insanity fails to support most of these claims but some serious problems may exist with…

    • 1821 Words
    • 8 Pages
    Better Essays
  • Powerful Essays

    Insanity Defense

    • 1410 Words
    • 6 Pages

    Most of the cases that media covers in which the insanity defense is involved are homicide cases. However, around 60 to 70 percent of cases in which the defendant pleads NGRI are crimes other than murder. Since the media only covers the extreme cases, many people don’t consider the plea being used for less serious charges. Some of these lesser charges can range from shoplifting to assault (Gale Encyclopedia of American Law, 2010, p. 438). For example, the media covered the case of John Hinckley Jr., a man who attempted to assassinate President Ronald Reagan. Hinckley claimed that he was only trying to impress an actress, Jodie Foster, who he was obsessed with. Hinckley successfully plead NGRI and spent the next 36 years in a mental hospital until his release in September of 2016. In the mental hospital Hinckley was treated for various mental illnesses with which he had been diagnosed. The general public sees cases such as Hinckley’s as a failure on part of the legal system to punish criminals and therefore call for the abolition of the insanity defense, without knowing the full process employed in these trials. In the article “Does the Insanity Defense have a Legitimate Role?” (2006) it is stated: “The media may foster the notion that criminals get away with feigning mental defect, only to be released and recidivate” (p. 31). As stated earlier in this paper,…

    • 1410 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    People assume that everyone who commits a crime and pleas insanity is using it as a way to get out of the crime they committed, especially murder. What most do not know is how hard it is to actually be convicted of Insanity. When someone is convicted of insanity, that also does not mean they are off the hook. Most if not all face a longer sentence then if they did not get convicted of insanity. What exactly does insanity mean? “Insanity is the legal term that refers to a mental disease or defect that impairs the reason and or will to control actions.” (Samaha,2015, pg209) There are two cases that I am going to talk about that both plead insanity but both had different results. The case of Andrea Yates and Eddie Ray Routh, two very big cases that happened years apart from each other in Texas…

    • 699 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The insanity defense is a defense used in criminal court cases. This defense argues that the defendant is not responsible for his/her actions at the time of a crime due to a mental illness. Although the insanity defense is used in less than 1% of cases, when it is used it causes worldwide controversy and outrage. Many people oppose the insanity defense, claiming that defendants who are found not guilty by reason of insanity are getting a “get out of jail free card”. Despite what skeptics may think, the insanity defense is a plausible defense that should be allowed in court cases when used properly.…

    • 1147 Words
    • 5 Pages
    Powerful Essays