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This means that the guilty individual receives the fairest possible sentence. A comparison to another insanity defense used, was the case of the Esposita brothers who had clearly faked being insane to get out of a death sentence. The Esposita brothers set a plan to gain money through robbery and were well equipped to take lives if anyone stood in the way. Both brothers were charged for murder of police officers and citizens. During their court trial, the Esposita brothers pretended to show signs of insanity by speaking in gibberish and banging their heads against the table. The jury was not convinced due to lack of evidence showing past history of insanity and had sentenced them to death by electrocution in 1942. This is one of many cases where a criminal had attempted to get out of a deserving consequence by using the insanity defense. Although it is rarely the case, some criminals convince the judge that they truly are insane when in fact, they were simply successful in fooling the judge. In comparison to the case of Dennis Pozniak who clearly was insane, it was determined that there was no benefit to the actions performed by Dennis and it was simply a spontaneous event that was brought due to an insane state of mind. Is it fair for an individual to get out of their deserved consequence simply because they convinced the judge that they are insane? I believe that unless the…
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The insanity defense is not covered as its own constitutional right, although it faults under the due process clause in the 5th and 14th amendments. The states define their own elements for what constitutes insanity, using the common law as a guideline. Mens rea—Latin for the “guilty mind” — is one of the necessary elements for insanity. If found incompetent, the person is usually charged to…
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Missouri in 1975. This case is brought to the Supreme Court for review in 1969 where Drope, the Petitioner, and his acquaintances are charged with assisting in a rape and kidnapping of his wife. Once indicted the petitioner files a motion in order to obtain psychiatric evaluation and further treatment; this request is quickly denied. Once on to trial, Drope does not try to deny the claim against him however; his wife attests to acts of strange behavior, anti-social behavior, and recalls an incidence in which he tried to murder her the Sunday before the trial begins. Two days into the trial Drope shoots himself and is hospitalized unable to return, the court decides to continue on the basis that his absence was on this own accord. The case was closed with a jury finding him guilty and sentenced to life in prison. Once sentenced he immediately filed an injunction asking for another trial do to the fact he was deprived of his constitutional rights after not being given a mental competency hearing prior to or during trial. This case is seen by the same judge that has just sat through the previous trial. This motion is discarded upholding the ruling of the previous court, which this verdict is held up in the Missouri Supreme Court as well. Once heard by the Supreme Court they find that there should have been a mental competency hearing ordered prior to trial due to overwhelming evidence of mental instabilities. His suicide attempt should have also caused for a hold on the trial in order for mental competency to be reviewed at that point. Petitioner’s attorney asks for a recess at the time of the shooting and is denied. The court is ordered to proceed without him there; the Supreme Court finds this to be another oppression of his constitutional rights. This is a very good example of the mental competency evaluation and the importance that it plays for patients. Some patients should be in mental rehabilitation’s but are…
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They have to understand the charges brought against them, the consequences that could potentially be suffered if there is a conviction, must also have some understanding of the procedures in the courtroom and those who are apart of it. The defendant should also have an “underlying bases for any diagnoses” meaning a mental impairment (Gaskell). Stated in the “Insanity Defense Pros and Cons List” article one of the cons mentioned is that if there is not a previous record of any type of mental disease then the jury may have a hard time believing the insanity plea. If the defendant is found not guilty they are sent to mental health institutions and will stay there until they are thought to be safe to leave the facility. If there is a claim of insanity but they are still found guilty they will go to prison and most will still receive mental health help is will just not be as good of quality, if they get any (Reisner, Piel, & Makey,…
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Explain how a determinist view of free will versus a libertarianism view of free will changes the argument for the insanity defense, and capital punishment.…
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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.…
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plea, as truly insane people sometimes commit crimes. The plea should be very strict and to even…
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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,…
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The author of this paper argues several reasons why the insanity plea should be changed or either eliminated. The reasons are considered and supported by evidence. The conclusion states that insanity should be altered or eliminated for the safety and well being of society.…
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When I try to reason how people would interpret the insanity defense, it reminds me of the common misconceptions that juror's have of the defense itself. In the textbook it examines the various insanity defenses and the courts perception of the defenses, while in the video, Lionel tries to examine peoples reactions to the insanity defense. In the textbook while it went to how the defense's many interpretations have effected case outcomes, Lionel's video tries to clarify that how average Americans cant handle the horrors they see when looking at the crime scene photo's and then trying to decide that the defendant could be considered for a insanity defense.…
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In 2004, after reading the script of a Bryony Lavery’s Frozen, psychiatrist Dorothy Lewis was shock because every details in this play were similar to what she used to write in “Guilty by Reason of Insanity” in 1998. A chart of fifteen pages long was made up with the totaling of six hundred and seventy-five words are verbatim similarities. She thought that her life, her work was plagiarized by Lavery. Then she wanted to sue Frozen’s author. However, in “The New Yorker”, Gladwell disagreed with Lewis since Lavery just borrowed some interesting…
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The insanity plea is a defense used in court that is highly debated in society. When a person is accused of a crime, they can recognize that they committed the crime but pled “not guilty by reason of insanity.” Although the insanity plea is rarely used and few of those cases are even successful, it garners a lot of attention from society due to the publicity on those few cases. The insanity plea arises in five percent of criminal cases and is successful only in a quarter of those. Most people are misinformed when it comes to understanding exactly what the insanity defense actually entails.…
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One of the 1st examples of the insanity plea in the US was with Daniel Sickles, he shot and killed a man because he caught him with his wife, having an affair. He was able to be freed of his murder charges in 1859 due to temporary insanity because he was angry and shot the man out of anger. When the insanity plea first came to the US it was easier to get off on crime in cases like these but still there are cases that the criminal gets off because of temporary insanity in difference instances. In 1981, Steven Steinberg killed his wife with a kitchen knife and had stabbed her 26 times, then proceeded to call the police saying that there was a robbery, that someone had broken into their house but when they came, there was no sign of a break in or robbery. When they went to court, he claimed that he was sleepwalking and so they claimed that it was a sleepwalking murder and he was not in his normal state of mind. Steinberg claimed to not remember what had happened and what he did but he did not deny that he murdered his wife. He pleaded not guilty because of temporary insanity and successfully won the plea. Later the jury said that they knew that they let a killer off the hook but since he was sleepwalking, not in his normal state of mind, he was not criminally responsible for his actions. There are many instances like this in cases now a days where they try to get out on that the criminal is “not in their normal state of mind”. One man though that that didn 't work for was Andrew Goldstein, in 1999, he pushed a lady in front of a train and she was killed. He had suffered from Schizophrenia almost all his life and when he went to court, they said he intentionally killed her because she looked like someone he knew and didn 't like very much. They of course tried to use his Schizophrenia as a defense, saying that he was mentally ill,…
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Insanity defense can be a possible escape to a crime but in order to certify that the defense of insanity or the insanity plea, the defense must declare that he or she is not liable for their actions because of mental problems. The defendant must assert that…
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It has called for a new definition of the word “insanity” and has caused many new standards to be put in place. A new standard, for example, is the competency test. All jurisdictions require that criminals must be competent to stand trial, meaning that the accused knows the nature of their actions and understand that what they did was wrong, if they cannot do that they will be found to be mentally incompetent to stand the trial (FindLaw). This, however, does not mean that the person is immediately found not guilty or innocent. The person will receive treatment until they are competent enough to stand trial. The insanity defense also called for a reform act in 1984, stating that the defendant must be unable to understand the “nature and quality of the wrongfulness of his acts” (FindLaw). It also states that a mental disease does not constitute as an argument. Lastly, the insanity defense has called for a test that decides if the criminal is mentally ill, however, guilty. The guilty but mentally ill verdict allows criminals who are mentally ill to be found liable for their actions and receive treatment while in jail or be sent to a mental hospital. Once they are seen to be well enough, they will be sent to prison to serve their…
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