Pros And Cons Of Insanity Defense

Controversies of Insanity Defense This is a tough subject and the argument about this is never ending. Does a person who committed crime can use insanity defense as an excuse for his/her actions? The insanity defense reflects the generally accepted belief that the person who cannot appreciate the consequences of their actions should not be punished for criminal acts. Most states regulate the defense with statues, but a few states allow the courts to craft the rule for its proper use. 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
he or she is not aware of the action. Defendant found not guilty by reason of insanity are rarely set free. Instead they are almost always confined in a mental health intuitions. The author of “Insanity” states “Defendants acquitted on the basis of insanity are sometimes committed to mental institutions for long periods, although since the 1960s offenders judged insane have been held for an average of only about two years if deemed no longer dangerous.”(NA) The defendant may remain confined for a longer period of the time then they would have if found guilty and sentence to prison. They may remain in a mental health institution until they can convince a judge that they are no longer legally insane. Nonetheless, in today’s insanity cases, mental health experts, doctors and scientists have important roles to play. They can inform the jury of the nature of the defendants’ mental illness, the likelihood that the crime might be repeated and whether the defendant might bring harm to him/herself. “At least one study indicate that average time to arrest of these patients often release is no higher than for the general population.”(Chiacchia) In legal tests, an insane person becomes sane. Can a person who was declared insane after committing a crime prove to a judge that he is no longer insane? Perhaps this skeptical on relying on legal methods in determining an insane person fate, calculates the fact that there are few insanity cases. Study shows that only one person who used this defense was excuse. Critics argue that some defendants misuse it, effectively faking insanity to win a release or less severe convictions.
And often the cases involving an insanity plea gets the most attention because they involve crime that are bizarre within themselves. On February 22, 2016 an article name “Maryland Mom Found Not Responsible in Boy Death in Swing” was release. This article shares with us that Simms was found not responsible in her son’s death. Simms was found pushing her son in a park swing for 40 hours until he died from hypothermia and dehydration. “She was then ruled not criminally responsible, Maryland's equivalent to not guilty by reason of insanity.”(Ahn) She was later found not responsible since she was declare to have schizophrenia. She was ruled not to be a danger to the community and was freed on a conditional release. 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
acts.

Annotated Bibliography
Ahn, Lisa V. Cooney, Peter. “Maryland mom Found Not Responsible in Boy’s Death in
Swing.” Reuters. Issues and Controversies. Feb. 2016. Web. 23 Feb. 016. The article “Maryland mom Found Not Responsible in Boy’s Death in Swing.” By Lisa Von Ahn and Peter Cooey suggest that current laws do nothing to prevent violent outlast. They support this claim by giving us a story of a mother with schizophrenia. They then that she was found pushing her son for 40 hours and that he later died from hypothermia. Their purpose it to show us that currents laws deprive people with mental illness in order to decrease the likelihood that they will leave with freedom. He has people who are interested in psychology in mind.
Chiacchia, Kenneth B. “Insanity Defense.” The Gale Encyclopedia of Psychology. ED. Bonnie
Strickland 2nd ED. Detroit: Gale, 2001. 330-332. Gale Virtual Referanxe Library. Web. 23 Feb. 2016. In Kenneth B Chiacchia’s article “Insanity Defense”, she asserts that insanity defense is a clear and possible escape for the defendant. Chiacchia shows the problems with NARI in her article. She then explains that treatment varies from state to state, some defendant spends more time in a mental institution then they would have spending jail time and to conclude her claim. She states that insanity defense problems will not yield t easy solution. She seems to have jury movement and court members in mind because a way to stop insanity defense is to reach out to the court members and those who serve it.
“Insanity.” Encyclopedia. Issues & Controversies. Infobase Learning, N .D. Web. 9 Mar.
2016. In the article “Insanity” by an unknown writer, the author clams that people with mental illness has the same rights as everyone else. The author first explains this by stating and repeating her details. S/he then shares to us that case involving insanity plea does not actually go to a trail and to conclude s/he then explains that a person declared insane may be declared incapable to manage his or her own affairs and will be placed under a guardian. The authors purposed it to show that a mentally ill person liberal should not be curtailed without due process of law. The author seems to have those who are interested in criminal forced law student in mind.