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Essay on Should the use of the "Insanity Defense" be completely banned in the United States
Introduction
The insanity defense refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of mental disease. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of a case (Henry, 1993). These instructions can be drawn from any of several rules used in the determination of mental illness. The final determination of mental illness rests solely on the jury who uses information drawn from the testimony of "expert" witnesses, usually professionals in the field of psychology. The net result of such a determination places an individual accordingly, be it placement in a mental facility, incarceration, or outright release. Due to these aforementioned factors, there are several problems raised by the existence of the insanity defense.
Abolishing the Insanity Defense
Abolishing the insanity defense is easier said than done. The proposal that "mental condition shall not be a defense to any charge of criminal conduct" could be interpreted in one of two ways (Henry, 1993). The broader interpretation would mean that absolutely no aspect of mental condition could be taken into account. The prosecution would not have to prove anything about the accused’s mental state.
This is unnecessary. For one thing, it would wipe out the distinctions that separate first-degree murder, second-degree murder, and manslaughter. It is doubtful that anyone against the insanity defense would choose to take this approach. So sweeping, in fact, would be its effect, that it would probably be declared unconstitutional. A more limited reading of the wording "mental condition shall not be a defense to any charge of criminal conduct" would mean that an affirmative plea of "not guilty by reason of insanity" could not be raised. The crucial distinction here is drawn between affirmative and ordinary defenses (Rita, 1998)..............
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