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Essay / Research Paper Abstract
This 4-page paper focuses on the differences between the guilty, but mentally ill and not guilty by reason of insanity defenses. Bibliography lists 3 sources.
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4 pages (~225 words per page)
File: AS43_MTlawmenin.rtf
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Unformatted sample text from the term paper:
is also the so-called "mental illness" defense, which is also called "guilty, but mentally ill." Some attorneys use this instead of the not guilty by reason of insanity defense.
The insanity defense, basically, is the defense in which a person can be found not guilty of a crime, because he or she
is not responsible for it (Chiacchia, 2010). Basically, this means the defendant, or accused, was unable to differentiate between right and wrong due to mental illness or some kind of
mental defect (Chiacchia, 2010). Not guilty by reason of insanity also depends on two assumptions. The first is that mentally ill people arent deterred by punishment, and second, treatment for
the defendant is more likely to protect society than a jail term that wouldnt include any kind of treatment (Chiacchia, 2010). To
use this particular defense, the defendant admits he/she committed the criminal act, rather, it means that the defendant didnt understand the difference between right and wrong and, as a result,
couldnt control his/her behavior due to a serious mental illness or defect (Not Guilty By Reason of Insanity, 2010). The law points out that that such a person shouldnt be
held criminally responsible for his/her behavior (Not Guilty By Reason of Insanity, 2010). After this particular finding and after a certain time in a hospital for severely mentally ill patients
who have committed crimes, the defendant may ask for a hearing to determine if he/she is no longer a danger to him/herself or others (Not Guilty By Reason of Insanity,
2010). But there are issues with this defense, not the lease of which is that the definition of insanity varies from state
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