Insanity Plea
When is a person is sane and who should be able to determine the sanity of the accused. The insanity plea is a defense that can be used when there is evidence that the defendant is guilty of a serious offense but not responsible because severe mental illness impaired their judgement and impulse control at the time of this offense. The insanity plea originated in the 1843 when Daniel McNaughtan attempted to assassinate British Prime Minister Robert Peel. Daniel McNaughtan killed Robert Peel’s secretary but was found not guilty by reason of insanity during the trial. Shortly after this trial the U.S.criminal justice system adopted the insanity plea, brought forth because of the McNaughtan decision. In 1981 the insanity defense plea was criticized harshly after John Hinckley Jr, attempted to assassinate Ronald Reagan. He was found not guilty by reason of insanity. From this case the rule that you must be insane at the time the crime was committed in order to plead insanity was brought about. Many believed his premeditation of the crime was proof of his sanity. (Dolan 13-33)An insanity plea is a poor excuse for serious crimes and should have no bearing on punishment. In most criminal cases, especially murder trials,
the insanity plea is a defense strategy aimed at rescuing guilty defendants from the death penalty or serving life in prison. Many of the defendants who are found not guilty by reason of insanity are released from mental hospitals earlier than they would have been if had they served time in prison. The insanity defense ensures that criminals can avoid the punishment that fits their crime. Is this fair to the victims? Insanity defenses involve a thorough process of psychiatric evaluation to determine the mental health of the accused. Insanity pleas are not made that frequently and are usually not contested by prosecutors. (Mitchell 24-44) The court usually finds the accused at risk for violent or harmful behavior if their defense was harmful in nature. If he or she is at risk for violent or harmful behavior as a result of their mental disorder, the court orders a involuntary commitment of the acquittee to a maximum-security forensic psychiatric hospital for treatment. In very rare cases the court may find the acquittee neither mentally ill nor at risk for violence and they are released by the court to the community. (Dolan 40-54) The involuntary commitments of insanity acquittee are reevaluated by the court every one to two years. Recommendations relating to release, transfer to a less secure facility or recommitment, must be made by mental health professionals and treating and managing the acquittee. Some states have created review boards who take administrative responsibility for persons committed to hos
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Approximate Word count = 1033
Approximate Pages = 4 (250 words per page double spaced)
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