Thursday, December 26, 2019
The Insanity of the Temporary Insanity Defense Essay
Not Guilty, By reason of Insanity! These words have stung the ears of many courtroom observers, especially the families and friends of victims whose lives were snuffed out by a so-called insane assailant. While there are indeed many insane people running around the streets today, I feel that many persons who use the temporary insanity defense are more conniving than insane. Also, being an inexact science, the psychiatric community often offers up differing opinions as to any particular individuals sanity. Furthermore, money or lack thereof can play a major role in the success or failure of an insanity defense. The temporary insanity defense should therefore be abolished, especially for felony offenses such as murder. Whatâ⬠¦show more contentâ⬠¦Below are listed some of the defenses that have received a great deal of media attention over the past few years. First, Roid Rage is characterized by severe mood swings related to steroid use. This defense lessened the sentence of 19 year-old Troy Gentzler, who admitted throwing rocks at cars on the highway injuring several people. Secondly, Black Rage is defined at racial prejudice-induced insanity. Lawyers for Colin Ferguson, the black man who killed five white people and one Asian-American and wounded nineteen others on a Long Island railroad wanted to use this plea but Ferguson decided to mount his own defense. Next, theres Urban Survival Syndrome which is described as the fear that inner-city black people have of other black people. A Fort Worth jury ended up deadlock in the case of 19 year-old Daimion Osby, a black man who shot two other unarmed black men in a parking lot. The so-called Meek-make Syndrome is the psychological emasculation of the man by his spouse. By using this defense, a man in Los Angeles had the charge of murder reduced to voluntary manslaughter in the death-by-beating (with a wrench) of his wife. His lawyers claimed that she had destroyed his self-esteem by calling him nam es and forcing him to sleep on the floor. Fetal Trimethadione Syndrome, the result of a mothers use of epilepsy medication during pregnancy, was the defense offered by the lawyers of a 14 year-old boy who beat to death another 14 year-old boy. TheShow MoreRelatedThe Insanity Plea For Pleading Insane1616 Words à |à 7 PagesOver the years the abuse of insanity plea, has troubled our American Justice System in our world today. The growth in this defense has increased so much that the expansion has asked the question; whether or not insanity plea is a worthy and justified defense to be used in the courts. The Insanity defense is when a criminal defendant can be found to have been legally insane when that defendant committed the crime they did at the time. In some cases, the criminal defendant pleads insane and gets aRead MoreThe Defense Of The Insanity Defense1342 Words à |à 6 PagesThe insanity defense is the most controversial criminal defense that is used in courts (The Insan ity). Ironically, it is the defense that is used the least. According to a professor of law at Santa Clara University, Professor Alexander, the plea is only used one percent of the time, and works less than half the time it is used (Steibel). In cases where it is used, it tends to get a lot of attention from the media which provokes debate from the public (The Insanity). Critics have reservations concerningRead MoreForensic Psychology Essay985 Words à |à 4 Pagesis the insanity defense used and how successful is it? I would like to answer this question, with the presentation of my opinion and the performed research. It is within my opinion, that the insanity defense is used over excessively and is taking part in almost every defense to any crime. Offenders seem to have the knowledge to the use of this defense and will often provide a plea to guilty by insanity or temporary insanity, within the faith, to receive a reduced sentence. While insanity has toRead MoreInsanity As a Legitimate Defense in the Court of Law924 Words à |à 4 PagesIs the insanity defense a legitimate defense? The insanity defense is perhaps the most difficult defense for members of the lay public to comprehend. On one hand, when a serial killer commits a string of horrific murders, he or she seems to fit any conceivable definition of being certifiably insane, but not all serial killers are found not guilty by virtue of their insanity. On the other hand, many members of the public think the insanity defense itself is absurd and merely an excuse used by cunningRead MoreCriminal Law And The Insanity Defense1771 Words à |à 7 Pagesï » ¿Criminal law the insanity defense Introduction In the United States, one of the defenses available to criminal defendants in most states is not guilty by reason of insanity. The availability of that defense is subject to state law, ever since a 1994 decision by the U.S. Supreme Court upholding the decision of individual states to abolish that defense (Martin, 1998; Schmalleger, 2009, p. 146). In principle, there is a logical or fundamental ethical basis for the philosophy of allowing thoseRead MoreNot Guilty by Reason of Insanity1673 Words à |à 7 PagesNot Guilty By Reason of Insanity? Lori Sheets The insanity defense is a defense by excuse. The defendant argues that they should not be held criminally responsible for breaking the law because they were mentally ill or mentally incompetent at the time of their alleged criminal action. The thought behind this is that someone suffering from a mental disorder is not capable of knowing or choosing right from wrong so they should not be punished. When this is the case, they are pleading not guiltyRead MoreGetting Away with Murder Aaron1464 Words à |à 6 Pagesby the judge presiding over the case, is known as the homosexual-panic or gay-panic defense. According to the Harvard Law Review, this defense, a manifestation of the temporary insanity plea, is premised on the theory that a person with latent homosexual tendencies will have an extreme and uncontrollably violent reaction when confronted with a homosexual proposition (Stryker 2). The homosexual panic defense-based on the premise that internal homophobia justifies cold-bloode d murder-is one ofRead MoreThe Insanity Defense By Steven Steinberg1084 Words à |à 5 PagesWhile reading chapter 2 of The Insanity Defense we discussed many different versions of the insanity defense and whether or not theyââ¬â¢re valid or not. This interested me so much that I decided to actually go online and research the most ââ¬Ëinsaneââ¬â¢ ways to use the insanity defense. Within this research I found various cases where it was used and was so shocked at how bizarre almost all of them are that I decided to write a 3-page paper on it, enjoy. The first case I read about brings us all the wayRead MoreInsanity as a Defense871 Words à |à 3 PagesIn this article I will consider whether the current claw defence of insanity is ineffective, out-dated and in need of reform. I will do so by contemplating several criticism of the insanity defence arising from the Mââ¬â¢Naghten rules . The concept of insanity as a defence was established in the early eighteenth century in the Arnoldââ¬â¢s case (1724) and was further developed in the late 18th century in the Hadfieldââ¬â¢s case (1800), but the standart test of criminal liability was only formed after the caseRead MoreThe Insanity Plea: History and Implications2382 Words à |à 10 Pagesthe insanity plea, a few questions should be kept in mind---1. How can we be sure that a person is indeed insane (he could be putting on a show) and 2. Should a mentally ill person be punished at all. Today in our legal system, there are numerous amounts of defense tactics that are designed to protect the rights of the accused, and to further the process of justice. However, in many cases this augmentation of justice has been taken too far, and as a result, pleas such as ââ¬Å"Temporary insanityâ⬠are
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