Attacks On The Insanity Defense
The insanity defense 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 mental disease. The terms of such a
defense are to be found in the instructions presented by the trial judge to
the jury at the close of a case. These instructions can be drawn from any
of several rules used in the determination of mental illness. The final
determination of mental illness rests solely on the jury who uses
information drawn from the testimony of "expert" witnesses, usually
professionals in the field of psychology. The net result of such a
determination places an individual accordingly, be it ...
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and should be
abolished entirely. Insanity is a legal, 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 also mental deficiencies. Due to this, there are problems in
exactly how to apply a medical theory to a legal matter (Herman, 1983;128).
The legal concepts of mental illness and insanity raise questions in a
conflict 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 grey area between
law and science. The major difficulty with a theory such as 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 become somewhat dangerous. By
applying a loose theory such as mental illness to law we are in essence
throwing the proverbial ...
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if he did know it, that he did not know that he was doing what
was wrong. Thus, according to the rule, a person is basically insane if he
or she is unable to distinguish between right and wrong as a result of
some mental disability. Criticism of the M'Naghten Rule has come from both
legal and medical professions. Many criticize that the test is unsound in
its view of human psychology. Psychiatry, it is argued, views the human
personality as an integrated entity, not divisible into separate
compartments of reason, emotion, or volition (Herman, 1983;138).
Additionally, the test is criticized for defining responsibility solely in
terms of cognition. While cognitive symptoms may reveal ...
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"Attacks On The Insanity Defense." Essayworld.com. May 16, 2005. Accessed November 28, 2024. http://www.essayworld.com/essays/Attacks-On-The-Insanity-Defense/27009.
"Attacks On The Insanity Defense." Essayworld.com. May 16, 2005. Accessed November 28, 2024. http://www.essayworld.com/essays/Attacks-On-The-Insanity-Defense/27009.
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