Insanity Defense essays
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Insanity is at once a social stigma and a tool used toward exclusion, marginalization, and domination of characters rebellious in nature otherwise ‘difficult to control’; in many cases, it is a reaction toward the external world, and in a limited number of cases it is what is called- ‘mental imbalance’ or insanity which may or may not have been triggered by the external world/circumstances. If we go with Michel Foucault’s observations in Madness and Civilization before the social and physical...
4 Pages
1902 Words
Insanity is commonly defined as the state of being seriously mentally ill. But does that exempt people from punishment for crimes they committed? Insanity pleas are rarely used, and when they are, they have an extremely low success rate. How is one deemed insane? What are the criteria for an insanity plea? These issues have been and continue to be determined by state lawmakers and precedent-setting court cases. One possible outlet for this determination is the use of brain scans....
3 Pages
1534 Words
The legal defence of ‘insanity’ states that the defendant is not capable of committing a crime as the individual is not aware of the nature or the quality of the act he has committed. Insanity is establishing that the mens rae (guilty mind) was in the individual’s control and if the act was his intention at the time of the offence and not the trial. It is only available as a defence in a murder charge. Using the defence of...
1 Page
412 Words
In order to hold a defendant liable for a criminal offence, the prosecution not only bears the burden of proving the mens rea but also bears the burden of disproving any defence that can exonerate, reduce or lessen the defendant’s liability. Two such general excusatory defences that can be pleaded in relation to all crimes - insanity and intoxication - will be discussed chronologically along with comparisons and differences being drawn regarding their nature and application. The defence of insanity...
2 Pages
731 Words
Laws and regulations concerning the insanity defense have been under constant change. When is someone deemed legally insane? And how can we determine insanity based on psychology and law? This paper provides an overview of the different laws used to determine insanity over the decades and the implication of psychological input in court. Criteria of the Insanity Defense in Court The M'Naghten Rule The M´Naghten rule, established in the 1840s, entails two criteria to determine whether someone eligible is for...
5 Pages
2097 Words
