Petrina Murti
PSY/270
April 18, 2013
Dr.Enabulele
Mind Over Matter
Mental illness is a health condition that affects a person’s thoughts, behavior, and emotions (in some cases all three) which in turns affects the person’s ability to function in their daily lives. Insanity (used as a legal term) is an individual who is diagnosed with a mental illness, unable to know right from wrong, and is unable to function accordingly.
The second prong of McNaughten rule states “knowledge of right and wrong” (Gibeaut, 2006) with this rule, the individual must be able to prove that he or she was suffering from a mental illness during the act, and was not able to establish right from wrong. According to Gibeaut (2006) “a defendant who pleads insanity must prove that at the time of the offense he or she was suffering from a mental disease, so severely as not to know the nature and quality of the act” (pp.13).
A person who drinks alcohol and then murders someone cannot apply the McNaughten rule. Mental illness is a disease, which people don’t choose to have, and drinking alcohol is a choice that a person has, and because of that knows the difference between right and wrong.
Rational and guilty explains that the individual did commit the act, knew exactly what he or she was doing, and knew the difference between right and wrong. Guilty but insane describes an individual whom is considered insane, and may be found guilty for their act, however, would require medical treatment for their condition, and once the individual was able to establish normal functioning would then serve their sentence, because of being guilty. Not guilty by reason of insanity explains an individual whom is insane and cannot be held accountable for their act, and therefore is not guilty, however, the individual is more likely to be institutionalized in a mental health facility (varies state to state).
If I was deciding the case, Clark v. Arizona, I would rule not guilty by reason of insanity. The reason for my decision is because Clark never received the medical treatment that he needed to begin with. In the article, Clark’s parents thought he was experimenting with various substance because he was a teenager, yes his behavior worsened over the years, which because of not knowing is condition, he became delusional and out of touch with reality. In the article Clark made statements saying he had to kill the police because he thought they were aliens, that is exactly what will happen if you don’t seek medical attention. I believe that Clark was so deranged that his symptoms guided his actions, so therefore cannot be held responsible for what had occurred.
Reference
Gibeaut, J. (2006, April). A matter over mind. ABA Journal, 92(4), 32.
You May Also Find These Documents Helpful
-
US the Supreme Court established guidelines that satisfy due process in regards to one’s competency to stand trial. The Supreme Court determined that the court must find the defendant able to rationally, and functionally understand the charges and proceedings against them, and have a present ability to assist their attorney in their defense. It is not merely enough for one to be oriented as to person, place, and time. This standard goes on to define both the cognitive and interpersonal aspects of competency to stand trial . The cognitive element is the ability to know and understand the charges and legal process being taken. The interpersonal element is in regards to the ability of the client to assist their attorney. Moreover, the Dusky standard confirms that under Higgins v. McGrath (1951), a defendant who suffers from a severe mental mental disorder may still be competent to stand trial if the defendant can understand and assist their attorney. Furthermore, because of these new guidelines, Dusky was retried and received a guilty verdict however, his sentencing was reduced by more than half. He was sentenced to 20 years with eligibility for parole in 5 years in comparison to serving the original sentence of 45…
- 565 Words
- 3 Pages
Good Essays -
I thought of diagnosing Ellen with Dysthymic disorder due to her long history of mild depressive symptoms. The reason I had this is mind was because Ellen was very tired all the time and most time have difficulties sleeping at night. She also reports that she was always unhappy.…
- 577 Words
- 3 Pages
Good Essays -
Three medical experts concluded that Miller satisfied the MNaughten insanity test during the period in which he stabbed Goring. The test for insanity had been used in Nevada since 1889. State v. Lewis, 20 Nev.333, 22 P.241 (1889). The defense used the MNaughten test to show that the defendant did not understand his actions and could not tell the difference between right and wrong. During the close of evidence in the trial the district court instructed the jury to determine if Miller was legally insane when he killed…
- 987 Words
- 4 Pages
Good Essays -
The Insanity defense first came into England’s radar when Daniel McNaughton, who attempted to murder, Prime Minister Robert Peel. McNaughton Rule became a common law test to determine criminal liability in relation to mentally disturbed defendants. Another notable case is that of Reagan, John Hinckley who in 1981 attempted to assassinate the president.…
- 295 Words
- 2 Pages
Good Essays -
Guilty but insane means that the individual knew at the time that their actions were wrong but because of their mental disorder or disease they had no control over their actions.…
- 525 Words
- 3 Pages
Satisfactory Essays -
The brain is an amazing arrangement. It is the most rigid and interesting part of the human body. It is like a computer that controls every part of the body. The brain consist of many millions of neurons cells that support the brain system this is called Glial cells (Pinel 2011 p.55)…
- 871 Words
- 4 Pages
Good Essays -
Good morning your honor and ladies and gentlemen of the jury, today is the day that the defendant in Edgar Allen Poe’s “ The Tell-Tale Heart” is proven to be insane; using the McNaughton rule the caretaker should be placed in a state hospital for the criminally insane. The McNaughton is a standard to be applied by the jury, after hearing medical testimony from prosecution and defense experts, It states that a presumption of sanity, unless the defense proved otherwise.…
- 460 Words
- 2 Pages
Good Essays -
Two cases with defendants who both have plead not guilty by reason of insanity, have been given two different rulings despite the fact that they both have mental illnesses. In James Holmes’ trial, Holmes killed twelve people and injured more than seventy in his local movie theater. Holmes was found not guilty by reason of insanity, but a psychiatrist claimed him to be legally sane, but had a mental illness.(Ingold and Phillips) If Holmes was ‘legally sane’ but mentally ill then he should not have been found not guilty by reason of INSANITY. In the Eddie Routh case, he was given a life sentence and had suffered severe PTSD and schizophrenia prior to the crime. (Banner) According to the Model Penal Code would not Routh's mental illness be the cause of his crime and excuse him from the sentence? The court is acting unjust, inconsistent, and illogical in their rulings to these defendants who both have records of mental illness, or claims of mental illness, but one walks into the prison at the end of the day and the other walks into the mental ward. The rules currently in action allow judges to rule based on what seems to be their unlogical personal opinion after maybe reviewing the mental illness records, maybe not, their pigheaded personality will…
- 803 Words
- 4 Pages
Good 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 -
If a good defense knows you are mentally ill they can claim “not guilty by reason of insanity”. McNaughton Rule is used for insanity defenses, saying the defendant does not know right from wrong. The defendant does not go to jail, but goes to a mental institution to seek medical help. A defendant can be innocent if they acted only in self-defense. According to NOLO.com “Defenses to Criminal Charges” most self-defense crimes are involved with battery, assault with a deadly weapon, or murder.…
- 770 Words
- 4 Pages
Good Essays -
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.…
- 997 Words
- 4 Pages
Good Essays -
This paper will talk about the meaning of the insanity defense. It will also include the definition of the words not guilty by reason of insanity (NGRI) and guilty but mentally ill (GBMI). Will answer question how insanity and psychology’s role in the definition. As well as how frequently is the insanity defense is used and how successful it is. In addition to the common beliefs about the insanity defense and their accuracy. For example, it will discuss some of the concerns or major criticisms about the insanity defense and the legitimacy to those concerns.…
- 99 Words
- 1 Page
Satisfactory Essays -
One of the many issues that trouble the American Justice System today is that of the insanity defense. This defense has been brought in front of courts for years and has caused massive debate. The insanity defense plays a powerful role in our society which begs for justice. However some look upon it as a god sent, while other feel it is the enemy. ?The insanity defense is rooted in a basic principle of justice: that it is unfair to hold persons responsible for their actions when they don?t know, or cant control, what they are doing? (Worth 16), but is it true that people really don?t ?know? what they are doing; and if so should they still be punished for it? Many who share negative feelings towards the insanity defense believe that it is not a defense in the victims case but a defense to aid the perpetrator.…
- 845 Words
- 4 Pages
Good Essays -
Mental illness can be defined as a psychological or behavioral pattern that occurs in an individual and is thought to cause distress or disability that is not expected as part of normal development or culture (http://en.wikipedia.org/wiki/Mental_illness). Some people that suffer from mental illness are required to take medication to control their symptoms. No medications can cure mental illness, but it can reduce relapse. Many people that suffer from mental illness believe that they can function without medication. Most mental illness cannot be detected by looking at a person. When defining mental illness, a person must realize that the definition is broad. The reason for this is because there are several mental illnesses. However, the definition of mental illness just categorizes all mental illnesses.…
- 773 Words
- 3 Pages
Good Essays -
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…
- 842 Words
- 4 Pages
Good Essays