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The Concepts Of The Insanity Defense

Let’s try to find out what the insanity defense is. Insanity is a general term for a semi-permanent mental disorder. Today we can see this term in the legal context of criminal insanity.

The insanity defense is an excuse why a person shouldn’t be held criminally liable for his or her actions because he or she didn’t realize that their acts were wrong. This issue has become the subject of much controversy because it isn’t always clear that a person is ill. Obviously, people who couldn’t realize that their actions were wrong should not receive the same type of punishment as those who knew they were committing a crime. The first ones need help and education and the second must be punished.

The first famous test for insanity took place in 1843 in the M'Naghten case. Daniel M'Naghten killed the secretary of the British Prime Minister because he believed that the Prime Minister was conspiring against him. He was acquitted because of insanity, but the case caused a public uproar, and after this case, a stricter test for insanity was developed. This test is divided into two components. First, a defendant is insane if they couldn’t realize what they were doing at the time the committing the crime. The second component serves to determine if the defendant knew that his or her actions were wrong. The M'Naghten rule became the standard in the United States and the UK.

In criminal law, insanity could serve a defense by an excuse for a person's crime. However, it should be proved that the person isn’t just mentally ill, but they couldn’t say the difference between right and wrong as well. There were also cases where a defendant might have temporary insanity. This type of insanity is also used in criminal prosecution. However, it is quite difficult to prove because a person may have been mentally ill at the time of the crime, but sane now. The result of insanity defense could be outright release, placement in a mental facility or incarceration.

Crimes of passions are crimes committed because of emotions. The person who committed a crime of passion is sane and is in touch with reality. This is opposed to temporary insanity in which the person couldn’t rationally realize assess the situation. So crimes of passions are no excuse to shift responsibility from the crime committed. How severe the punishment should be depends on the state of mind of the individual.

So the insane people should not be condemned since they are not morally culpable.

Let’s try to find out what the insanity defense is. Insanity is a general term for a semi-permanent mental disorder. Today we can see this term in the legal context of criminal insanity.

The insanity defense is an excuse why a person shouldn’t be held criminally liable for his or her actions because he or she didn’t realize that their acts were wrong.

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100002736
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CREATED ON
November 9, 2016
COMPLETED ON
November 10, 2016
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$31
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Essay Example Comments
saleem141241
November 8, 2016
saleem141241
fast and quality
diana.restrepo.686817
November 2, 2016
diana.restrepo.686817
super patient. delivered way before deadline. will use again!!! highly reccomend
eh041416
October 31, 2016
eh041416
Great ! Gave alot of detail.