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Essay / Research Paper Abstract
This 3 page paper discusses various aspects of the insanity defense, also called "not guilty by reason of insanity." Bibliography lists 9 sources.
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3 pages (~225 words per page)
File: D0_HVNGByRI.rtf
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Unformatted sample text from the term paper:
brought in to give testimony as to the emotional stability of the accused, the definition is a legal one, not medical. It recognizes that someone who is truly delusional and
doesnt understand the implications of what they are doing cannot be held responsible for their acts. The insanity defense does have a place in American jurisprudence, but it is "rarely
asserted," as perhaps is proper (Biskupic, 2006). The insanity defense is applied by the states, not the federal government: "The Supreme Court has never ruled that defendants have a constitutional
right to make an insanity defense, but most states allow it and use the traditional two-prong test" (Biskupic, 2006). The term "two prong test" refers to the fact that there
are two conditions that must be satisfied before a defendant can use this defense: first, he can claim insanity "if he did not know the nature and quality of the
act" and second, if he did not know it was wrong (Biskupic, 2006). Is this defense acceptable? If we accept that people can in face become so confused that they
dont know right from wrong, then it seems that we must accept it. If we do not believe that people can become insane, they we would reject it. However, there
is a vast body of medical literature testifying to the fact that people can become seriously disturbed such that to deny the existence of insanity as a human condition is
ludicrous. Therefore, we have to admit that people can at times be incapable of rational action, and therefore the insanity defense should be raised in these cases. This defense remains
controversial because of the belief that sometimes the perpetrators are "faking" the illness and are not insane at all, but very good actors who have literally gotten away with murder.
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