People that commit crimes and go to trial are being tried differently if they claim to be clinically insane. People who are thought to be clinically insane should still be punished the same as if they were not insane.
The Insanity Defense is the most controversial of all criminal defense strategies. Simply, the Insanity defense says that a defendant who pleads insane is not guilty, by reason of insanity. This defense has existed since the early 20th century but was not used often enough to be fully considered by the court until the last few years.
Daniel M’Naghten, an Englishman shot and killed Edward Drummond, secretary to the British prime minister in 1843. To everybody’s surprise, M’Naghten was found not guilty, under the grounds that he was insane at the time of the act. The British population was outraged, so the English House of Lords established the M’Naghten rule. This rule says that everybody is presumed to be sane and to establish a defense on the grounds of being insane it must be proved that at the time of the act the accused party was laboring from Disease of mind, and could not know the nature or act of what he was doing.
What this means, is that if you commit a crime and cannot fully understand the act or nature of what you are doing (you are insane) you can be protected by the Insanity defense. This defense has fallen under criticism by many people, who think that it can lead to somebody “faking” to be insane and get of scot-free. This is not true. If you are found to be not guilty by reason of insanity, you are still responsible for you’re actions and you will most likely be placed in a mental institution for many years. These years in the mental institution can be longer than the original jail sentence.
The definition of being legally insane differs from country to country, and state to state. For example, an Alabama man murdered the mayor of a small town, and was not convicted because it was reported he was under the influence of a coke drinking contest with some friends. The sugar was reported to alter his judgment, while a Montreal man who murdered his wife, and pleaded to be insane was convicted of first degree murder and sentenced to life in prison.
These days, if you plead insane you will be required to prove it. Modern medicine has made it possible to weed out fakers, and legitimate insane people. Brain scans, personality test’s and a plethora of modern machines and tests can give the prosecution or defense a glimpse inside the human mind. This has caused even more controversy as the case can not only differ by country and state, but can differ by judge. If a doctor gives his full backing that somebody is clinically insane, the judge can honor or dishonor this. The jury also has to prove who to believe. The medical world or the prosecution.
Sometimes, if you claim to be mentally insane, your case may not even make it to trial. In order to be put to trial, you must understand the charge against you and be able to prepare a defense with a lawyer. Sometimes, instead of going to trial the defendant is judged “incompetent to stand trial”. This means that you are put into a mental institution for treatment. After being confirmed for some time they can be released, however it is difficult to determine the behavior of the person in the future.
Here is an example of somebody that tried to plead insane. Defendant Kerrigan was involved in a shoot out with local police after terrorizing many people at a party. The defendant had a history of mental illness and psychiatric hospitalization. Defense pleaded not guilty by reason of insanity. The Jury found the defendant not guilty and he was sent to a mental institution where after being observed for 2 years was released. 3 years later he was killed by his wife after raping his daughter.
For some, the Insanity defense can be an escape route for a criminal offence. For other’s it can be a way to be tried fairly.
In conclusion, the Insanity defense is a way for us to protect those who are insane and cannot tell any better from what the are doing. This defense has a lot of progression to be made in the next few years, as medicine, laws and the way the world work’s improves. As doctor’s who have defended an insane victim have said, this is the future. One day we will be able to scan somebody’s brain and know how and if they committed the crime, and it they had any control over it.
