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Mental Disability And The Insanity Defense: A Comparison Of Four Articles

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Essay / Research Paper Abstract

10 pages in length. The writer discusses four journal articles as they relate to mental instability and the insanity defense. No additional sources cited.

Page Count:

10 pages (~225 words per page)

File: LM1_TLCnsane.doc

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a significant defense supporting the actions a mentally unstable person might commit. Law is not merely an area of study where social components do not apply; contrarily, the legal system must take into account the manner by which alleged criminals view the crime that they are committing. Four journal articles address this subject matter with a combination of neutrality and assertion; for the most part, each author understands and condones the implementation of insanity defense, yet there is also evidence that indicates that this particular defense has been contorted to the point of representing those who do not come close to qualifying for the legal protection it offers. Are all delinquents created equal? Indeed, there are myriad levels of criminal activity that prove to land offenders in jail, with a percentage of those criminals committing their crimes under the duress of mental illness. These prisoners, while deserving of severe punishment, often do not have full control of their faculties. These orphans of society are often compelled by an emotional or mental imbalance that provokes them to act savagely toward their fellow human beings. One might assert the fact that what these disturbed individuals need is assisted treatment, not prison. II. THEME OF THE FOUR ARTICLES The theme of these four articles -- Craziness and Criminal Responsibility, Introduction to Mental Illness and Criminal Responsibility, The Mental Disability Requirement in the Insanity Defense and The R-CRAS and Insanity Evaluations: A Re-Examination of Construct Validity - states that while the insanity defense is a necessary evil within the legal system, the time has come for such protection to be given the once-over with regard to policy. The theoretical implications contend that far too many people are crying insanity ...

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