Sample Essay on:
Abolishing the Insanity Defense

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Essay / Research Paper Abstract

This 3 page paper is a reaction to Norvall Morris’s article in which he suggests abolishing the insanity defense. The paper argues that while Morris makes several competent arguments, he ultimately fails to carry his point. Bibliography lists 1 source.

Page Count:

3 pages (~225 words per page)

File: D0_HVInsaDf.rtf

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Unformatted sample text from the term paper:

courts, and thus get away without paying for his crime. One of those advocating abolishing the insanity defense is Norval Morris; this paper is a reaction to an article in which he makes this suggestion. Discussion Morris structures his article so that it falls into three parts: the argument for abolition of the insanity defense; an explanation of how the law would work once the defense was abolished; and a response to criticisms of his proposal. His main argument centers on whether or not mentally ill people have a choice as to their behavior. He write, "One is left ... with the feeling that the special defense is a genuflection to a deep-seated moral sense that the mentally ill lack freedom of choice to guide and govern their conduct and that therefore blame should not be imputed to them for their otherwise criminal acts nor should punishment be imposed" (Morris 433). He hastens to explain that those who advocate the abolition of the insanity defense are suggesting the "wholesale punishment of the sick," but that mental illness "be given the same exculpatory effect as other adversities that bear upon criminal guilt" (Morris 433). That is, he and other critics of the insanity defense suggest that its special nature puts it in a different class, so to speak, from other defenses that have to do with the causes of criminal acts. The insanity defense exists because we believe that it is "unjust and unfair to stigmatize the mentally ill as criminals and to punish them for their crimes" (Morris 435). The law exists to punish those who "choose to do wrong," but if a person cannot exercise choice, how can he be punished? (Morris 435). This is the central argument in favor of the defense, and while it sounds compelling, ...

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