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The Insanity Defense - Online Term Paper

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 placement in a ...

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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 monkey wrench into the wheels of justice.
According to the laws of insanity, 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. Additionally, the test is criticized for defining responsibility solely in terms of cognition. While cognitive symptoms may reveal disorder, they alone are not sufficient to give an ...

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The Insanity Defense. (2005, February 23). Retrieved November 28, 2024, from http://www.essayworld.com/essays/The-Insanity-Defense/22701

"The Insanity Defense." Essayworld.com. Essayworld.com, 23 Feb. 2005. Web. 28 Nov. 2024. <http://www.essayworld.com/essays/The-Insanity-Defense/22701>

"The Insanity Defense." Essayworld.com. February 23, 2005. Accessed November 28, 2024. http://www.essayworld.com/essays/The-Insanity-Defense/22701.

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PAPER DETAILS

Added: 2/23/2005 05:34:36 AM
Category: Legal Issues
Type: Premium Paper
Words: 818
Pages: 3

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