The insanity defense should be wiped out nationwide unless certain tests of mental insanity are met and a patient has a history of a mental illness. The theory was put in to use by Edward II. Laura Reider, Toward a New Test for the Insanity Defense: Incorporating the Discoveries of Neuroscience into Legal and Moral Theories, 48 UCLA L. Rev. In many cases when it has been used it has tended to cause public debate. for $13,9/Page. The Free essays given on our site were donated by anonymous users and should not be viewed as samples of our custom writing service. Insanity defense is probably one of the most controversial of all criminal defense strategies, and at the same time is one of the least used. Insanity Defense – One of the most argumentative types of defenses available is the insanity defense. On January 6, 2005, the Texas Court of Appeals reversed the convictions and on July 26, 2006, Yates was found not guilty by reason of insanity. Under the English common law, a person was declared insane if their mental capacity was no more than a so-called “wild beast”. Essays Related to Insanity Defense. In conclusion, convincing a historically conservative Texas legislature to enact significant changes in the insanity defense laws will be an uphill battle. The insanity defense is a criminal defense that is used when the defendant’s case states that the crime occurred because the defendant had a severe mental disease or defect and was unable to apprehend the wrongfulness of his or her acts. This is especially if the accused knowingly indulges in drugs while knowing the threat they pose to his health. She would eligible for parole in 40 years. Get a 100% Unique Essay on The Insanity Defense. In conclusion, the insanity defense should be done away with. Get Essay. Do the mentally ill have the capacity to understand the law and to intentionally break it? The insanity defense confirms that the criminal defendant is not guilty because of his insanity. You are welcome to use them to inspire yourself for writing your own term paper. 1. Get Your Custom Essay on Insanity Defense: Why Should It Just from $13,9/Page Get custom paper. Kolbi Jones English 1301 Rebecca Balcarcel November 16, 2016 The Insanity Defence His wife collapsed on the ground with a pool of blood around her head, her husband confused of the events that had just transpired. Hence, the insanity defense reflects a crime sentencing policy that that identifies there are unique situations in which the need for treatment over punishment is preferable (Butler, 2011). In this type of defense, the defendant’s attorney attempts to show that the defendant is insane and is unable to be held responsible for the crime that they have committed.
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