Search Insanity Defense Pros and Cons The option to utilize the insanity defense in court should be supported because it is needed to acquit those individuals who had no control over their actions due to a physical ailment, to put a mentally ill patient in with the general prison population would be unconstitutional, and those who are mentally insane need special services for rehabilitation. The insanity defense should be available to those who had no control of their actions due to a physical illness. They had been watching videos and she fell asleep on the sofa, he hit her with a bottle and a video recorder and grabbed her round the throat. This man was found to be not guilty by reason of insanity.
He was diagnosed with post-traumatic stress disorder PTSD.
On February 2,he shot dead Chris Kyle, reputed to be the deadliest sniper in America, and Chad Littlefield, at a gun range in Texas. The insanity defense was his shot at getting out of jail. They told of how he was hospitalized four times in mental institutions seven months prior to the killings, and even include a stint less than a week before the shootings.
The prosecutors, however, argued that Routh evaded capture after killing Kyle and Littlefield — an action that showed he knew what he did was wrong. Andrea Yates drowned her five children after suffering from postpartum psychosis.
Ina Texas jury found her not guilty by reason of insanity. Basically, there was a chance. It took the jury less than three hours to decide that Routh was indeed guilty. The judge sentenced him to life in prison without the possibility of parole.
After all, who can do all those crazy things but a crazy person? There is no clear data on the success of the insanity defense as well. According to the New York Times, of the nearly 6, murder cases that happened in New York between anda verdict of not guilty by reasons of mental health was handed to only seven defendants.
So why exactly does this claim entered in criminal trials? List of Pros of Insanity Defense 1. The defendant will not be sentenced to the death penalty if they are proven guilty by reason of insanity. The defendant might not be sent to prison, although in the case of Routh, he was sentenced to life imprisonment.
Others get psychiatric care, sometimes for life. The defendant is declared cured after staying in a psychiatric facility and is declared a non-threat to anyone when they are set free.
List of Cons of Insanity Defense 1. Some jurisdictions have abolished the insanity plea.
A jurisdiction may not believe the insanity plea if there was no previous record of mental issues. The chances of getting committed to a psychiatric facility, often times for life, are very high.The Top 3 Pros of Insanity Defense.
1. If the defendant was proven not guilty because of the reason of insanity, he/she will not be sentenced death penalty. 2. The defendant might not be sent to . Statistics of Insanity Plea Defense. According to recent insanity plea statistics, successful insanity defenses are rare.
The rates vary from state-to-state, but on average, less than 1 defendant in % actually raises the NGRI defense nationwide. Ironically, estates with higher cases of NGRI defenses have lower success rates for NGRI defenses. There are no pros to the insanity defense. In fact, the fact that people get away with murders because of claimed insanity is just plain wrong.
Other people have to pay for the crime and so should they. Insanity covers more than just people with mental retardation. It covers manic depressives too -- people whose mental condition can be changed.
What Are the Pros and Cons of an Insanity Defense? A successfully argued insanity plea in a criminal defense can lead to a release of criminal liability, but it also likely includes being committed to a psychiatric hospital, explains LawInfo. List of Cons of the Insanity Defense.
1. It may result in rejection.
Because the insanity defense has been abused in the past, prosecutors, juries and judges have become more cautious when dealing with it.
List of Cons of Insanity Defense. 1. Some jurisdictions have abolished the insanity plea. And for those that still accept the defense, acquittal isn’t always easy to achieve. 2. A jurisdiction may not believe the insanity plea if there was no previous record of mental issues.
3. The defendant doesn’t have a high chance of being set free.