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The Insanity Defense, an acceptable defense?

  Author:  17204  Category:(Debate) Created:(5/24/2003 5:38:00 PM)
This post has been Viewed (1610 times)

The English law glossary defines the insanity defense as a claim that “the perpetrator was acting under the influence on an ‘internal’ derangement of the mind.” Is the Insanity Defense a reasonable defense? Should it be allowed? Did you know that the Insanity Defense doesn't exist in all states? Do you think that it should?

Personally, I believe that the insanity defense should be an option because as american citizens we should all be entitled to the right to explore every mitigating circumstance. I believe that it is an important part of our legal system. Let's face it, there are insane people out there. Thus, these mentally ill people deserve equal protection under the law, like we all do. Just as a criminal is entitled to criminal justice, mentally ill people should be entitled to that same sort of justice.

*However, I do have a few problems with it. First off, few states have adopted the saying “guilty but mentally ill.” A majority of them use the term, “Not guilty by reason of insanity.” My problem with this is that it basically excuses the crime. The fact is, weather the accused is mentally ill or not, they still committed the crime, ergo they are guilty. By adopting the phrase “guilty but mentally ill,” it shows that the defendant is in fact guilty, but the reason they are guilty is because they are mentally ill.

*Second, once the accused is found “guilty but mentally ill,” they should be admitted to an insane asylum with no chance of parole. This way they have no chance of returning to the streets and harming others. Under our current system, once the accused feels that they are rehabilitated they can return to court and if they are deemed sane, they are eligible to be released.

There you have it, thats my opinion, and yours?



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Date: 5/24/2003 5:48:00 PM  From Authorid: 36754    i don't see how for some cases, the person is all the sudden "insane".. . if you knwo what i mean. I think that this is pointless unless they have past experiences.. well not experiences but past records of being insane.  
Date: 5/24/2003 6:18:00 PM  From Authorid: 47699    Well, do you think that a babbling idiot should be held accountable for their actions if they truly are out of their minds and that fact has been attested to by emotional specialists? Some of them them don't know the world that they're in, let alone what they do and the consequences. They need serious help, not cold cells. I'll admit, though, that there have been many who have gotten away with murder under that pretense when there was nothing really wrong with them other than the fact that they were sociopaths.  
Date: 5/24/2003 6:39:00 PM  From Authorid: 53836    babble, babble...uh...yeah, crazy people do crazy things...babble babble...and what Frank said, some do abuse the plea, but the crazies don't need to be in the same cell with sane murdering freaks...  
Date: 5/24/2003 6:48:00 PM  From Authorid: 53689    I do think there are those that are mentally ill and who should be put in a hospital rather than a prision. But being a person who couldn't imagine ever taking the life of another human being, I believe anyone who does (excluding self defense) must have something seriously wrong with them.  
Date: 5/24/2003 9:12:00 PM  From Authorid: 53052    i think it should only be taken into thought if there is a history of this person doing things with not quite a sane mind... i DON'T agree with a teenager using it for shooting up a school what they had planned to do or put thought into doing  
Date: 5/25/2003 11:05:00 AM  From Authorid: 62060    a while ago that there was a study which showed that a vast majority of people who had killed others had some slight form of brain damage suffered at birth which is virtually undetectable. it claimed that that slight brain 'defect' resulted in the inability to understand morals, etc... so you could argue that people who commit pre-meditated offences (unless it is for personal gain, etc) do not actually realise what they are doing anyway.  
Date: 5/25/2003 11:06:00 AM  From Authorid: 62060    ...but dont quote me on that...  
Date: 5/25/2003 1:17:00 PM  From Authorid: 47296    In most states where a person is found innocent by reason of insanity, the person is incarcerated in a mental hospital for the criminally insane. Some may spend the rest of their lives there, while others may eventually be released. In states that do this, anyone who takes the insanity defense faces the same possiblity of losing rights as if they were put in prison. They can lose their driver license, right ot vote, right to own a gun, as well as their freedom. In order to get an insanity defense, the defense has to provide a shrunk that can say that the person was not mentally competent at the time of the crime, or did not know the consequences of their actions. The prosecution then normally has their own shrink do an evaluation. If both doctors are in agreement, then the plea is allowed. If they are not in agreement, then it is up to the jury to decide.  
Date: 5/27/2003 11:44:00 AM  From Authorid: 61999    In Texas there is a law protecting those "passion" killings... I mean, say Bob here, say Bob walked in on his wife and the MilkMan. Well, Bob just happens to have a gun with him. He blacks out and when he wakes up there's blood everywhere and his wife and the milkman are dead. IS he guilty? Well, yes. Is he insane? For the moment, he was. It's called a Passion Killing and I believe Bobby-boy here gets a guilty charge but only gets asylum time or counseling...Just wanted to say that. ~~The Mighty DreamGyrl~~  
Date: 5/27/2003 3:48:00 PM  From Authorid: 47296    DreamGyrl, you may want to check that law. I believe it was changed several years ago.  
Date: 5/27/2003 5:21:00 PM  From Authorid: 27270    I think they should be locked up in a mental institution until they are "sane" again, and their prison time should begin immediately thereafter. I think it's ridiculous that a person found guilty of a crime, yet "insane" gets off spending time in a hospital instead of prison  
Date: 5/28/2003 7:12:00 AM  From Authorid: 61999    Warrior they just started that law in the mid 90s. I'm a born and bred Texan. I'll check it out for the sake of proving myself right but I'm pretty sure I am...Things are much different in Texas than the other states.~~The Mighty DreamGyrl~~  
Date: 5/28/2003 4:43:00 PM  From Authorid: 47296    Dreamgyrl, I know they had a law similiar to this back before the 90s, that had been on the books for years. Last time I was in Texas, I was told it had changed.  

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