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美国作业代写:Insanity Defense

2017-06-29 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Insanity Defense,供大家参考学习,这篇论文讨论了精神错乱防御。精神错乱是一个法律术语,而不是医学诊断。作为法律术语,它意味着被告不明白在犯罪时的行为是违法的。被告是不理智的,也就是他无法控制自己的行为。从道德意义上说,精神错乱是指被告人在犯罪时不能分清是非,被告被精神疾病所驱使,所有这一切都不是被告的故意目的,以实施违法行为。从精神错乱的意义上说,被告可以隐藏在精神错乱防御的保护伞下,这样他就可以免于刑事责任了。

Insanity Defense,精神错乱防御,assignment代写,paper代写,美国作业代写

Introduction

There are numerous criminal cases occurring in the world every. Among this cases, most defendants would turn to the lawyer for help. Of all the methods the lawyer adopts, insanity defense is one of them. Some insanity defenses work in felony cases, some are not. In this essay, firstly, the overall introduction of the insanity will be given. Secondly, the implication and the application of NGRI(not guilty by the reason of insanity) will be showed. Thirdly, based on the second discussion of NGRI, a comparison will be made between NGRI and competency to stand trial. Next, the author will express the opinion on whether the insanity defense should put into the criminal justice system or not. Finally, this essay will provide a case using the insanity defense and the defendant won.

Insanity overall

Insanity is a legal term instead of a medical diagnosis in America. As legal term, it means that the defendant does not understand the behavior is against the law at the time of offense. The defendant is irrational, that is, out of the control of his/her mind. In moral sense, insanity refers the defendant cannot distinguish right from wrong at the time of committing crime. The defendant is driven by their forcible mental illness. All in all, it is not the intentional purpose of the defendant to commit the illegal act. From the meaning of insanity, the defendant can hide under the umbrella of insanity defense so that he/she can release the criminal responsibility. Insanity defense is determined by a certain evaluation conducted by forensic mental health professionals under the requirement of the jurisdiction. Therefore, in criminal cases, most court accept plea after the defendant’ s mental status satisfying the criteria of insanity. Among all the severe criminal cases, about 1% apply for the insanity plea. 85% sent to mental institution after the court hearings, 15% go free. From the success rate, it is not an absolute positive result as to use the insanity defense in escaping criminal responsibility. Most defendants would spend their lifetime much more in hospital than in prison. Compared to 11% of all felony arrests, only 67% of unsuccessful NGRI pleaders go to prison. (Braff, Arcinites, & Steadman, 1983)

Public opinion data suggest that people are very possible to overestimate or underestimate the use and success of the insanity defense. It is very reasonable for the public to make such estimate. People are worrying about the re-occurrence of the defendant’ criminal acts if he/she is set free from the law. However, judges and jurors are responsible for their decision. They make the decision with much consideration and adequate evidences. The affirmative defense must demonstrate clearly and convincingly that the defendant is insane.

Not Guilty by Reason of Insanity (NGRI)

The defendant committed the criminal acts without the intentional purpose and lack of ability, so that even the defendant was charged with crime, the attorney would apply for mental disorder to help that defendant to release the criminal responsibility. Courts accept plea because of NGRI. Firstly, a trial needs to be set concerning the problem of insanity by judges or jurors. Secondly, the judge or the juror investigate the mental status of the defendant at the time of committing crime , and hearing the testimonial from experts. Finally, if the investigating result is credible and convincing, and the defendant’s mental situation can bear the trial, then the defendant attends the court trial to hear the declaration of acquittal from the judge. Otherwise, the trial is delayed.

In order to use the insanity as evidence, affirmative defense is required. Affirmative defense is that evidence must show clearly and convincingly a person’s insane mental state. In terms of the defendant, the insanity defense is much more likely to work if the defendant is a single older female with better education or unusual crime details. As for jurors, compared with the religious jurors who is less sympathetic, the female jurors who are sympathetic are more likely to accept the inanity defenses. (Blau, McGinley, &Pasewark, 1992) (Tygart, 1992)

NGRI defense does not work in all 50 states. There are insanity standards as follows: the Rule of M’ Naghten, Rule of the Durham, American Law Institute (ALI) Rule. The M’ Naghten Rule shows that one bear the criminal responsibility must understand his/her illegal doing and can tell apart the right from wrong. The Durham Rule reckons that one does not need to held the responsibility if he/she is conducted by an forcible mental disease or defect. American Law Institute (ALI) Rule is quite similar to The Durham Rule, which shows that one is legally free,for he/she is insane because of mental disease or defect and lack of ability to commit crime.

Comparison between standing trial competently and NGRI

Compared to NGRI, standing trial competently is quite different. If one is competent to stand a trial, that means he/she understand the charges and court proceedings, has the capacity to turn to the lawyer for help, be motivated to defense and testify relatively, etc.

Opinion on insanity defense

In my point of view, i do not agree to put insanity defense into the criminal justice system.

It is universally known that justice is one of the important principles in settling criminal cases. Social members purchase justice in all aspects. However, there is no absolute standard to assess whether is just or not in terms of one legal case. When a person is in the state of insanity, he or she cannot control the behavior and do not know what is right and wrong. So, how can we say that this person do it deliberately and this person must bear guilty. However, it does not mean that insane person should be set free after doing the criminal acts. One of the implication of the insanity is that one person commits crime without the deliberate intention. According to this claim, for example, can we say that all drunken drivers should be set free after making a great car accident and causing innocent people’ death? The drunken driver did it unintentionally. Therefore, insanity defense will easily become an excuse to escape the legal responsibility. It will be an legal loophole. What’s more, there is no absolute definition and standard toward insanity. Insane people are the special group in our community. They need the protection and guidance from others. Now, the key point is not to consider whether the insanity defense should put into the criminal justice system, instead, taking precaution against the happening of criminal acts is the supreme choice.

Case relevant to insanity defense

Here is an example, which the defendant is set free resort to not guilty by the reason of insanity.Danial Cantrellstabbed his father to death. But after the expert’s evaluation of his state of mind at the time of committing crime, his mental status met the criteria of insanity. He thought he is a robot and his father is a robot as well. He have delusions at that time and heard the sounds, etc. The judge accepted the evaluation from the expert and set him free. Six years after his father’ death, he tried to commit suicide, but he did not make it. However, he got a bad injury. He was suffering from an unstable mental state. Therefore, he was taken to the mental institution right after the court hearings. 

Conclusion

The application and the definition of insanity defense is not very mature. And there is no adequate theory to support its claim. Therefore, insanity defense used in criminal cases is not convincing in terms of the public opinion. Inevitably, legal loophole will occur. Criminals will escape the sentences. But insanity defense is a real protection and help for insane people. Therefore, relevant theory should be improved. Then convincing theory supports the practice and practice gives the feedback to theory. More importantly, precaution measures are prior to insanity defense. For example, insane people need the help from normal individuals, from the mental institution, from the government. Lives are valuable. It is really meaningless to put an insane person on trial after the tragedy happened.

Work cites

1. Braff, J., Arvanites, T., & Steadman, H. J. (1983). Detention patterns of successful and unsuccessful insanity defendants. Criminology, 21(21), 439-448.

2. Blau, G. L., Mcginley, H., &Pasewark, R. A. (1992). Insanity defense: jurors' knowledge of disposition. Journal of Police & Criminal Psychology,8(2), 2-5.

3. Tygart, C. E. (1992). Public acceptance/rejection of insanity-mental illness legal defenses for defendants in criminal homicide cases. J Psychiatry & L.

4. Judge Finds Man Not Guilty By Reason Of Insanity In Father’s Stabbing Death from https://www.youtube.com/watch?v=6JNaaEDElwU&feature=youtu.be

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