Insanity defense essay

Insanity Defense Insanity Defense Does your team feel this defendant is competent to stand trial.The factual nature would determine if the criminal responsibility is mitigated or exempted.An examination of the pertinent provisions in our laws defining insanity would thus be imperative.This explains whether or not legal institutions need insanity defense or not.

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The maxim actus non facit reum nisi mens rea (a crime is not committed if the mind of the person performing to act complained be innocent) is illuminating to explain it.The insanity defense plays a powerful role in our society which begs for justice.It is the mental factor which is manifested through overt acts.

Some states abolished the use of insanity defense after the issue received US Supreme Court approval (Martin, 1998).

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These are the factors used to determine the extent of liability of the accused.

This was further amended in the Dangerous Drugs Act of 2002 to answer the inadequacy of the former legislation.The defense of insanity veers away from the concept of intent and negligence as it was originally conceptualized to be a product of nature or as a result of a freak accident without human intervention.

The risks of the Insanity Plea | TopWritingService.com

Civilized nations thus considered punishing a person who is not capable of choosing his conduct improper.

There was a relaxation of classification but returned to the original rule which considers the cognition and volition prong.In other words, the law prescribes a desired manner on how the conduct of men should be and this is made known to him through the setting up of penalties in case of a voluntary breach.If you are the original writer of this essay and no longer wish to have the essay published on the UK Essays website then please click on the link below to request removal.In People vs Caneta (309 SCRA 199), the Court decided that the accused suffering from drug pyschosis is not insane in the legal term.Everything we do is focussed on writing the best possible assignment for your exact requirements.

Hence, the intent or negligence should not be deemed absent if crimes are committed although the accused can be considered as legally insane.The Insanity Defense Essays: Over 180,000 The Insanity Defense Essays, The Insanity Defense Term Papers, The Insanity Defense Research Paper, Book Reports. 184 990.Free Essay: Those for the insanity defense do not see how this is fair.This defense has been brought in front of courts for years and has caused massive debate.In our jurisprudence, the Court was faced with cases of insanity concerning abnormal behaviour brought about by natural circumstances.

Dissociative Identity Disorder As An Insanity Defense Law

Essay heading: The Insanity Defense - essaysbank.com

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This is because of the passivity of doctors and psychiatrists colluding to produce false evidence supporting the fact that a defendant is not guilty because of his impaired status.

THE TIME IS RIGHT TO REVISE THE TEXAS INSANITY DEFENSE: AN

Although all criminal activities committed are not as a result of mental disfuntion or disorder, it is worth noting that a good number of people have turned to criminal life as a result of insanity.The Philippines adhere to this notion and considers these circumstances- those affecting free will- as either mitigating or exempting circumstances which is based on the factual nature of each case.Illegal drugs are seen to aggravate the penalty imposed to maximum instead of being seen as an exempting of mitigating circumstance.The presentations in this paper demonstrate a different strain of insanity which should be distinguished from the early notions made about insanity.It is recommended that the Revised Penal Code be amended to be explicit in making categories in the absolute defense of insanity and to remove all doubts as to its applicability.

Long and continuous abuse has already been proven to cause mental breakdown which is tantamount to insanity.Moreover, it would determine the problematic areas on the inconsistent stance of the Court in applying the test of insanity and provide possible remedies therefor.It is also endeavoured that a comparison with the tests of insanity be compared with other jurisdictions in order to grasp the elusive concept of the term insanity.Self-induced insanity is a distinct strain of insanity which should not be used as a viable defense against criminal liability.Would be fair to convict a person who does have an idea of the existence of the law.The involuntariness must be the result of the total absence of intelligence.The reasoning of the Court in depriving illegal substance user of the defense of insanity is misplaced for it did not consider that the case of illegal drugs user may fall in the exempting circumstances or with the justifying circumstances.

The “Insanity Defense” – Controversial issues in the

Moreover, the rigid test of considering only the cognition part of the test should be modified so as to include the volition part to have a holistic approach in determining insanity.

Daniel argued that his murder attempt which failed was not intentional but as a result of mental influence.The stringent condition imposed by the court to deter the use of insanity as a defense is an inadequate safeguard for the possible abuse of the insanity defense.Crimes in our society are believed to not go unpunished, and with the introduction of the insanity defense into our courts.Insanity must be understood in its legal and not in its medical term.