Anti Insanity Defense :: essays papers

Anti Insanity Defense The insanity refutal refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of psychogenic disease. The terms of such(prenominal) a defense are to be piece in the instructionspresented by the trial judge to the jury at the close of a case. These instructions can be force from both of several rules used in the design of genial infirmity. The final determination of mental illness rests solely on the jury who uses information drawnfrom the testimony of expert witnesses, usually professionals in the field of psychology. The net impart of such a determination places an individual accordingly, be it berth in a mental facility, incarceration, or outright release. Due to theseaforementioned factors, there are several problems raised by the existence of the insanity defense. Problems such as the actual possibility of determining mental illness, justifiab le placement of judged mentally ill offenders, and the overall usefulness of such a defense. In all, I believe that these problems, as well as others which will be mentioned later, lead us to the conclusion that the insanity defense is useless and should be abolished entirely. Insanity is a profound, not a medical definition. Therefore, mental illness and insanity are not synonymous only some mental illness constitutes insanity. Insanity, however, includes not only mental illness but to a fault mental deficiencies. Due to this, there are problems in exactly how to exercise a medical conjecture to a jural matter (Herman, 1983128). The legal concepts of mental illness andinsanity raise questions in a infringe between what are termed legalistic criminology and scientific criminology mens rea, punishment v. treatment, responsibility, and prisons v. hospitals. This debate seesaws to and fro amidst a grayish area between law and science. The major difficulty with a theory such a s mental illness is that it is just that, a theory. To scientists theories are a way of life, but applied to the concept of law theories effect somewhat dangerous. By applying a loose theory such as mental illness to law we are in essence throwing the proverbial monkey wrench into the wheels of justice.TESTING FOR INSANITY At the center of the legal use of insanity lies the mens rea. Every crime involves a physical act, or actus reus, and a mental act, or mens rea, the non-physical cause of behavior.