Wednesday, January 29, 2020
The Insanity Defense Essay Example for Free
The Insanity Defense Essay The Insanity Defense is perhaps one of the most controversial issues in the legal world. It has become a favorite topic of critics for so long since issues regarding insanity defenses hold to be very sensitive. This paper will specifically discuss how the insanity defense works, what its effects are and how and why it has become controversial to many people.            Before we delve deeper into the topic, let us first clearly define what an insanity defense is. Insanity defense typically â€Å"refers to a plea that defendants are not guilty because they lacked the mental capacity to realize that they committed a wrong or appreciate why it was wrong†(Martin, 1998). Today, most states define insanity as a â€Å"mental impairment that impedes a person’s ability to understand the wrongfulness of his or her act (the cognitive prong). A number of states also permit a defense when the disability impairs the person’s ability to control the act (the volitional prong)†(Slobagin, 1998). However one defines the insanity defense, it has always remained controversial because it allows those who committed a heinous crime get away from criminal punishments.            The defense of insanity is â€Å"based on the premise that those who are unable to control their actions or appreciate the criminality of their actions due to mental defect or illness should not be punished under criminal law†(Dreisbach, 2006). The insanity defense is a legal test of criminal responsibility and it does not follow that it conforms to the medical definition of mental illness. Though controversies have been thrown regarding the insanity defense, it is rarely used and rarely successful as well.            Since the insanity defense is not intended to be a medical definition of a mental incapacity, loads of controversies and criticisms have arisen over the legal criteria that courts should apply in determining whether a person should be acquitted on the basis of insanity. In terms of legalities, it is believed that courts have a lot to work on to assure the credibility of an insanity defense.            But how did the insanity defense started? The guidelines for evaluating the criminal responsibility for defendants claiming to be insane were codified in the British courts in the case of Daniel M’Naughten in 1843. A 1995 Frontline Article goes back to how the M’Naughten rule started: â€Å"M’Naughten was a Scottish woodcutter who murdered the secretary to the prime minister, Sir Robert Peel, in a botched attempt to assassinate the prime minister himself. M’Naughten apparently believed that the prime minister was the architect of the myriad of personal and financial misfortunes that had befallen him. During his trial, nine witnesses testified to the fact that he was insane, and the jury acquitted him, finding him ‘not guilty by reason of insanity’†.            The queen was never pleased with the outcome, thus she asked the House of Lords to review the verdict with a panel of judges. The judges eventually reversed the verdict of the jury, and the formulation that emerged from their review states that: â€Å"a defendant should not be held responsible for his actions if he could not tell that his actions were wrong at the time he committed them†. This became the basis of the law governing legal responsibility in cases of insanity in England. The American courts and legislatures embraced this rule for more than a hundred years with almost no modification, until the 20th century when much criticism was already thrown at the courts.            During the 1950’s, a growing dissatisfaction of the M’Naughten test emerged. It was not just criticized in the legal circle but in the psychiatric circle as well. According to one 1995 Frontline article issue, one of the major criticisms of the M’Naughten rule is that â€Å"in its focus on the cognitive ability to know right from wrong, it fails to take into consideration the issue of control†. Psychiatrists agreed that it is indeed possible to understand that one’s behavior is wrong, but still be unable to stop oneself. To address this, the M’Naughter test was modified by some states with an ‘irresistible impulse’ provision, which â€Å"absolves a defendant who can distinguish right and wrong but is nonetheless unable to stop himself from committing an act he knows to be wrong†.            The Supreme Court has taken extra precautions in the proceedings in this area, with its few relevant decisions only indirectly addressing the proper formulation of the test for insanity. â€Å"Further evidence that the Court may not find the insanity defense to be an essential aspect of criminal liability comes from its treatment of the burden of proof relating to the defense†(Slobogin, 1998). The state may require the defendant to prove insanity beyond a reasonable doubt. According to Slobogin, â€Å"the prosecution must prove beyond a reasonable doubt every fact necessary to constitute proof of the crime with which the defendant is charged.†           In as far as law is concerned, does insanity defense really have a legitimate role? Hooper and McLearen (2002) state that: â€Å"Outside of assisting in sentencing, there are two places for mental disease in the legal system. The first is a defendant’s ability to understand the trial process. People who do not understand the nature of the charges or the functioning of the legal system are considered unfit for trial. More germane to this article, if mental illness had a direct effect on a given criminal act, an individual can be found legally insane.†           The concept of insanity has change over time but the basic notion of this is that there are individuals by virtue of mental conditions have no understanding or control with their unlawful behaviors. However, the presence of a mental illness will not necessarily predict a successful insanity finding.            Later on, the American Law Institute (ALI) promulgated a Model Penal Code that included a two-pronged provision for insanity. The ALI states that â€Å"an individual is not responsible for criminal conduct if, at the time of such conduct as a result of a mental disease of defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of the law†(Hooper and McLearen, 2002).            The American Law Institute was a significant softening of the M’Naughten standard. Frontline explains that â€Å"instead of requiring a defendant to have no understanding whatsoever of the nature of his acts or the difference between right and wrong, the ALI standard requires merely the person lacks a ‘substantial capacity’ to understand the right from wrong†. The ALI generally expands the M’Naughten rule to include an ‘irresistible impulse’ component. The ALI standard also excludes defendants whose mental illness, defect or incapacity only manifest itself in criminal or antisocial conduct, thus addressing the conundrum of the serial killer whose only symptom of a mental illness is the killing of his victims.            A popular example of a case in insanity defense is when John Hinckley Jr. shot the then US President Ronald Reagan and other Presidential officers in 1981. Hinckley claimed that he was trying to impress the actress Jodie Foster, with whom he felt he was infatuated. He later described the incident in a letter to The New York Times as â€Å"the greatest love offering in the history of the world†¦ At one time Miss Foster was a star and I was the insignificant fan. Now everything is changed. I am Napoleon and she is Josephine. I am Romeo and she is Juliet.†           A jury acquitted Hinckley of 13 assault, murder and weapon counts, finding him not guilty by reason of insanity. This triggered a public outcry against what many perceived to be a loophole in the justice system that allowed an obviously guilty man to escape punishment. Because of the acquittal, widespread calls for the abolishment, or at least the substantial revision of the insanity-plea laws ensued.            Due to the incessant public outrage, the members of the Congress then responded to this by introducing 26 separate pieces of legislation designed to abolish or modify the insanity defense. All the new proposals were aimed at creating a stricter federal standard that would avoid acquittals like that of Hinckley. The Hinckley verdict introduced ways to make it more difficult to sustain an insanity plea.            The insanity defense has always been a complex topic and a lot of academic and scholarly works have been devoted entirely to explain its nuances. Learnmore lays down some major points of interest: Despite popular perceptions to the contrary, defendants rarely enter pleas of â€Å"not guilty by reason of insanity†. On the few occasions that the defendant does raise it, judges and jurors rarely support it. Neither the legal system nor psychiatrists can agree on a single meaning of insanity in the criminal law context. Various definitions have been employed, making the insanity defense more controversial to people. Defendants found not guilty by reason of insanity are not automatically set free. They are usually confined to a mental institution, and not released until their sanity is established. These defendants can spend more time in a mental institution than they would have spent in prison had they been convicted. An insanity defense normally rests on the testimony of a psychiatrist, who testifies for the defendant after examining him and his past history, and the facts of the case. Courts appoint psychiatrists at government expense to assist poor defendants who cannot afford to hire their own psychiatrists. There is no wonder that the insanity defense has held a lot of controversies. With its very perplex nature, there are always rooms for loopholes. For instance, how can one actually measure the authenticity of the â€Å"guilty by reason of insanity†plea? If one pleads that he is insane at the time of trial, how can one be sure that his testimonies are plausible enough to free him from guilt or give a lighter verdict? Could an insanity defense be the perfect step to take to get away from a serious crime that has been committed? Why cannot we have a unified definition of insanity? Why do requirements vary in a number of states? These and a lot more questions with regard to insanity defense are still left unanswered. Currently, the requirements for insanity vary by state. The typical standards require that â€Å"a person be unable to differentiate between right and wrong at the time of the crime. The inability to appreciate the wrongfulness of conduct must be the direct result of a mental disease or defect†(Hooper and McLearen, 2002). This requirement actually leaves me to ponder on a certain things. If the person is legally insane at the time of the crime, how can the legal system be assured of a legally insane person’s testimonies if the person has a mental disease or defect? Can the legal system assure the people that the insanity defense was not widely misused? Due to the controversies being linked to insanity defense, there have been wide attempts to eliminate the loopholes of the system and thereby force mentally ill individuals into prison. â€Å"Some state decisions have noted that criminal intent is an absolute necessary part of any crime†(Hooper and McLearen, 2002). So it is just right that the laws should be more focused on the guilty mind. Under these laws, a person must, as a result of a mental illness, lack the ability to willingly or knowingly commit and act. This looks more at criminal intent rather than psychiatric diagnoses, therefore claiming an end to criminals getting off free. There have been states who have omitted the insanity defense entirely, instead allowing mental state to be raised only as a mitigating factor. But insanity defenses are not always successful. Only a handful of insanity defense cases have won acquittal. Though the percentage of winning an insanity defense is low, it is still likely to hold controversies. Critics have argued that â€Å"some defendants misuse it, effectively faking insanity to acquittals or less severe convictions†(Martin, 1998). Oftentimes, trials involving insanity defense get the most attention because the crimes involved in such cases are extremely bizarre. The standard for insanity defense gets periodic reviews especially after a verdict that the public finds shocking. Laws have been passed to have stricter standards for insanity defenses. â€Å"Instead of requiring prosecutors to prove a defendant’s sanity, defense attorneys now carry the burden of persuading a judge or a jury of the client’s insanity†(Martin, 1998). Martin further explains that some states have also adopted a tougher and stricter release system. Such changes in Connecticut doubled the average term acquitted defendants spend committed in institutions. This system unsurprisingly caused the number of insanity pleas to drop. With stricter standards and stricter release systems, insanity pleas have seriously dropped. Can this be considered a coincidence or a mere manifestation that previous insanity pleas were actually just faked? If because of stricter standards and tougher release systems a number of insanity pleas dropped, cannot all states impose similar standards and systems? If this will answer the endless controversies that are being associated with insanity defenses, then probably it is already high time that states take a look at their insanity defenses standards and make abrupt revisions. A person who has made criminal acts should not just easily escape by means of an insanity defense. The person just leaves room for the people to doubt the system and make outrageous cries to give enough justice to the victim of the so-called â€Å"insane†person. The insanity defense for me is just an available excuse for an accused person to be absolved from his or her criminal responsibility for his or her conduct. The rules for insanity defense had been made flexible depending on the weight of the situation and the reaction f the public. For an insanity defense to be made an excuse in having been committed a serious crime is a total ridicule for me. For if one lacks the capacity to know what is right from wrong, then how can a person actually know if he is actually insane? How can he be so sure that he was insane at the time that the crime was committed? Had there been any development in insanity defense law? The introduction of the â€Å"guilty but mentally ill†verdict in many states is considered the biggest development in the insanity defense law. Frontline explains that a defendant who receives a â€Å"guilty but mentally ill†verdict is still considered legally guilty of the crime in question, but since the defendant is mentally ill, the defendant is entitled to receive mental health treatment while institutionalized. If symptoms remit, however, the defendant is required to serve out the remainder of his sentence in a regular correctional facility, unlike a defendant who was acquitted by reason of insanity, who must be released if it is determined he is no longer dangerous to himself or others. In cases of an insanity defense, it is just right and proper that both the rights of the victim and the defendant who pleads to be insane must be protected. However one puts it, a crime has still been done regardless of one’s mental state. If indeed proven that the defendant is mentally defective or ill at the time of the crime, then proper steps must be taken into account. The verdict may be less severe that what a sane person might get, but proper medications for the defendant must be seriously followed before he gets more destructive to others and to himself. At this point, I am asking myself, why are there insanity pleas? Perhaps, it is the real situation. Perhaps the defendant is really not in a normal mental state at the time the crime happened. But how could the defendant actually defend himself given his mental incapacity to know what is right or wrong? And perhaps, just maybe, if there are no other good defenses to get a person out of a seriously committed crime, then insanity pleads might just be the solution. Perhaps it is making some sense. Insanity pleads have lowered down in number after stricter standards and systems. With both parties that should be considered for this law, emotions and judgmental instincts of people should not really get in the way. This is one serious problem that needs to be addressed and a procedural and logical system must take place to protect the rights of all parties involved. Progresses have been done and I certainly hope that there will come a time that the insanity defense would no longer hold controversies because justice has been served – both for the victim and the defendant. REFERENCES Dreisbach, Daniel L. Criminal Law. Microsoft ® Encarta ® 2006 [DVD]. Redmond, WA:       Microsoft Corporation, 2005. Insanity as a criminal defense. Retrieved December 9, 2007, from      http://www.theblanchlawfirm.com/NewsDetails-36/Insanity+as+a+Criminal+      Defense.html?newsid=38 A crime of insanity. Retrieved December 9, 2007, from http://www.pbs.org/wgbh/       Pages/frontline/shows/crime/trial/history.html#mn Slobogin, C. (1998). Insanity defense. Thomson Gale. Retrieved December 9, 2007, from       http://www.answers.com./topic/insanity-defense?cat=biz-fin Hooper, J., and McLearen, A. (2002, April). Does the insanity defense have a legitimate       role? [electronic version]. The Psychiatric times, 19 (4). Retrieved December 9, 2007,       from http://www.psychiatrictimes.cm/p020452.html Martin, J. (1998, February 2007). The insanity defense: a closer look [electronic version].       Washingto Post. Retrieved December 9, 2007 from http://www.washingtonpost.com/       wp-srv/local/longerm/aron/qa227.htm
Tuesday, January 21, 2020
Jesus, Paul, And Mohammed: Com :: essays research papers
Michael Hart is an amateur historian and also the author of The 100: A Ranking of the Most Influential Persons in History. In this book Hart lists in order the people he believes to be the top 100 most influential people. In this essay I am going to look at three specific people, and compare Hart’s ranking of their impact on society against my own. The three people are Jesus of Nazareth, the founder of Christianity; Paul of Tarsus, Christianity’s most important missionary; and Muhammad, the founder of Islam. Since religion did play a considerable role in the shaping of civilizations, it is no coincidence that these three people are respectively the three most important people in the founding of the top two religions in the world. Also Hart’s ranking of these three men will be analyzed, and compared to my own rankings of these three influential men. Â Â Â Â Â In Hart’s book, The 100, he regards all three of these men as being very important in contributing to the rise of two great religions. In his ranking of the top 100 Muhammad, Jesus, and St. Paul rank one, three, and six respectively. Now right from this statement most people would believe that Hart is already wrong, and that Jesus should be one. In some sense those who believe that Jesus are right because the amount of Christians in the world almost doubles that of the Moslems. Yet if we carefully look at Hart’s reasons for ranking them the way he does, you would see that his ranking seems more understandable. Â Â Â Â Â First we should start by analyzing Hart’s reasons for ranking Muhammad one. His main point for ranking him one, above Jesus, is because “ Muhammad played a more important role in the development of Islam then Jesus did on the development of Christianity';(9). He believes this statement to be true because St. Paul complemented Jesus in helping to spread the belief of Christianity. Though Jesus was responsible for the main ethical and moral precepts it was St. Paul who was the main developer of its theology, its proselytizer, and for writing a large portion of the New Testament. While on the other hand Muhammad was the only one responsible for the teachings of Islam, and also to the moral and main ethical principles. This is shown in the idea that the Koran, the sacred book of Islam, contains the teachings of Muhammad, and that his teachings are said to be the words of God. Jesus, Paul, And Mohammed: Com :: essays research papers Michael Hart is an amateur historian and also the author of The 100: A Ranking of the Most Influential Persons in History. In this book Hart lists in order the people he believes to be the top 100 most influential people. In this essay I am going to look at three specific people, and compare Hart’s ranking of their impact on society against my own. The three people are Jesus of Nazareth, the founder of Christianity; Paul of Tarsus, Christianity’s most important missionary; and Muhammad, the founder of Islam. Since religion did play a considerable role in the shaping of civilizations, it is no coincidence that these three people are respectively the three most important people in the founding of the top two religions in the world. Also Hart’s ranking of these three men will be analyzed, and compared to my own rankings of these three influential men. Â Â Â Â Â In Hart’s book, The 100, he regards all three of these men as being very important in contributing to the rise of two great religions. In his ranking of the top 100 Muhammad, Jesus, and St. Paul rank one, three, and six respectively. Now right from this statement most people would believe that Hart is already wrong, and that Jesus should be one. In some sense those who believe that Jesus are right because the amount of Christians in the world almost doubles that of the Moslems. Yet if we carefully look at Hart’s reasons for ranking them the way he does, you would see that his ranking seems more understandable. Â Â Â Â Â First we should start by analyzing Hart’s reasons for ranking Muhammad one. His main point for ranking him one, above Jesus, is because “ Muhammad played a more important role in the development of Islam then Jesus did on the development of Christianity';(9). He believes this statement to be true because St. Paul complemented Jesus in helping to spread the belief of Christianity. Though Jesus was responsible for the main ethical and moral precepts it was St. Paul who was the main developer of its theology, its proselytizer, and for writing a large portion of the New Testament. While on the other hand Muhammad was the only one responsible for the teachings of Islam, and also to the moral and main ethical principles. This is shown in the idea that the Koran, the sacred book of Islam, contains the teachings of Muhammad, and that his teachings are said to be the words of God.
Monday, January 13, 2020
Global Perspective
However, we did not jump right into the semester with enthusiasm and excitement. Our first lecture was on photography, although I am very interested in photography, this lecture was tedious. To see the slides that Stephen Puppeteers was presenting the lights had to be shut off, which made it very easy to doze off or have your mind be somewhere else. Despite the dark lecture hall and the dullness of Mr.. Pettifoggers voice, his photographs were incredible.His photographs ranged from beautiful breathtaking landscapes to people from developing countries with health robbers and lost limbs. The variety of his photos Is really what lured me In. I was fascinated. I had no Idea what I would be learning and experiencing throughout this semester when I signed up for this course. Even after I had had this first lecture and had attended my first discussion I still did not fully understand. As I wrote my first assignment, I babbled on and talked mostly about my past with music, still believing th is course would be all about music.Little did I know, I was all wrong. I attended ACH lecture and finally began to catch on that I would be learning something new and enjoyable every Wednesday. Each lecture after photography got more intriguing and interactive with the audience. This course by far had the most entertaining lectures, bringing students on stage to dance and act. But even after all of these lectures I was not prepared for the final lecture. This fall performance was unbelievable. It had me with goose bumps up and down my arms and legs.I could feel the beat of the drums through my whole body ND I automatically and unconsciously began swaying and tapping along to the beat. They immediately began pulling students from all over the lecture hall onto the stage and put some sort of instrument in their hand. Despite the fact that these students had never played such instruments they quickly picked up on them and joined in on the organized beat. Although this music was made up as It went along, and there were no written notes, it was still highly organized.The students knew they could not just play along to any beat they desired. There were still rules they had to abide by. As the stage continued on with their instruments, the audience was then engaged within the music with singing, clapping, dancing, and stomping. It was unreal. We all consolidated to actually compose our own beautiful music. Was amazed. The instructors some how managed to get every single person In that lecture hall participating In our freshly composed music. And from what I could see everyone seemed to be enjoying It Just as much as I was.It was a wonderful performance. It as by far the best performance all semester, as my teaching assistant informed us it woo a De. I am lucky to nave Eden addle to experience sun an event. Entering this course I did not have high expectations, it was only filling general education credits for me. However, now that I have successfully completed this c ourse it was certainly so much more. I am fortunate enough to have been able to take such a class that bestowed me with such in depth introductions to various forms of arts, from photography, theater, Jazz, classical, dance, and so much more.
Sunday, January 5, 2020
Elements of Romanticism in Stokers Dracula Essay - 816 Words
During the Romantic Era, Bram Stoker created a timeless monster in his novel, Dracula. Stoker uses a series of letters and journal entries to tell the story form a first person point of view. The Count, for whom the book is named, seems to be invincible to mere man. Stoker uses his character of Dracula to reflect the elements of romanticism through his supernatural powers, a fascination with youth and innocence, and imagery. Dracula seems to possess unexplainable supernatural powers. When Jonathan Harker is traveling to castle Dracula, he is unaware that the driver of his coach is the Count himself. During the nocturnal journey, the coach is circled by wolves, not knowing what to do Jonathan calls for the coachman and in return â€Å"heard†¦show more content†¦She has a mental connection with Dracula, and is able to sense his surroundings, even when he is far away. Also, Dracula has power over Renfield, and lunatic-asylum patient. Renfield serves as a prophet and henchman for Dracula. Through the mental connection with Mina and Renfield, Dracula’s power to read and control minds is revealed. Dracula’s supernatural powers to control nature, transform, and control minds make Dracula a monster and serves as Stoker’s supernatural power in this romantic novel. Dracula uses his supernatural powers to feed his fascination with youth and innocence. In the beginning of the novel, when Dracula is first encountered, he is described as old, although â€Å"His face was strong†¦ [his] lips, whose ruddiness showed astonishing vitality in a man of his years†¦ The general effect was one of extraordinary pallor.†(27). This description of the Count shows that while he is old, he still possess some attributes and features of the young. Once Dracula finds that the men have made a bond against him, he makes a bond to take all of their women. He succeeds in transforming Lucy and scaring her mother to death, although Mina is stronger and the men save her by killing Dracula. Also, the three women vampires in his home are past conquests of beautiful, young women. Dracula only sucks the blood of young women in the novel reflecting his hunger for youth and innocence. As theShow MoreRelatedThe Gothic Genre Of Hell Hath No Fury Essay1681 Words  | 7 PagesIn this pre-rational, I will explore the Gothic genre in regards to its history, development, key elements that identify literature as Gothic, and authors that made this genre successful. Next, I will examine the themes and content of my chosen text Dracula and how it salsify the gothic literature criteria. I will also discuss a handful of recent adaptations based on Stoker’s Dracula; how varies interpretation flourished, as well as what I have learned from them. Finally, I will explain the developmentRead MoreComparing Dracula And Mary Shelley s Dracula And Frankenstein 1933 Words  | 8 PagesBailey A. 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