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In this paper you are to research cases where the insanity defense was used. Select 1 case and provide an overview of the case. Present rationale for this defense and the position of the forensic experts.
Research Paper 3
Exercise Content
The Insanity Defense. Note that insanity is a legal concept, not a psychological one. Although mental health experts can offer diagnoses, this is less important than the specific symptoms and their impact on the functional legal demands associated with the insanity standard.
Each state, and the District of Columbia, has its own statute setting out the standard for determining whether a defendant was legally insane, and therefore not responsible, at the time his crime was committed. In general, the standards fall into two categories.
About half of the states follow the “M’Naughten” rule, based on the 1843 British case of Daniel M’Naughten, a deranged woodcutter who attempted to assassinate the prime minister. He was acquitted, and the resulting standard is still used in 26 states in the U.S.: A defendant may be found not guilty by reason of insanity if “at the time of committing the act, he was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know what he was doing was wrong.” (emphasis added) This test is also commonly referred to as the “right/wrong” test.
Twenty-two jurisdictions use some variation of the Model Standard set out by the American Law Institute (A.L.I.) in 1962. Under the A.L.I. rule, a defendant is not held criminally responsible “if at the time of his conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform his conduct to the requirements of law.” (emphasis added) The A.L.I. rule is generally considered to be less restrictive than the M’Naughten rule.
Some states that use the M’Naughten rule have modified it to include a provision for a defendant suffering under “an irresistible impulse” which prevents him from being able to stop himself from committing an act that he knows is wrong.Three states — Montana, Idaho, and Utah — do not allow the insanity defense at all.
Although cases invoking the insanity defense often receive much media attention, the defense is actually not raised very often. Virtually all studies conclude that the insanity defense is raised in less than 1 percent of felony cases, and is successful in only a fraction of those1. The vast majority of those that are successful are the result of a plea agreement in which the prosecution and the defense agree to a not guilty by reason of insanity (NGRI) plea.
A major 1991 eight-state study commissioned by the National Institute of Mental Health found that less than 1 percent of county court cases involved the insanity defense, and that of those, only around one in four was successful. Ninety percent of the insanity defendants had been diagnosed with a mental illness. About half of the cases had been indicted for violent crimes; fifteen percent were murder cases.
The insanity defense requires one to gauge a defendant’s mental state at the time of the offense; this can be very difficult to do.