A Matter Over Mind: The Insanity Plea

Submitted By annointedstudies
Words: 2907
Pages: 12
Open Document
A Matter over Mind: The Insanity Plea

AP English
Bell: 5
3/27/2013
Sydney Sanders
The Insanity Plea: A defense asserted by an accused criminal prosecution to avoid liability for the commission of a crime because, at the time of the crime, the person did not appreciate the nature or quality or wrongfulness of the acts.

Many individuals are aware of the process that lawyers go through to convict an individual. The prosecution has to prove a reasonable doubt that the defendant is guilty of a crime. Since The Fifth Amendment states that a defendant is not compelled to under oath criminate themselves, many people attempt to plead temporary insanity. However in most cases the defendant want the chance to prove their innocent in court by having a defense. The most known defense for heinous crimes is the insanity plea. The Insanity plea is known throughout the world but what is it really? What rules are used in determining if one is mentally insane or not? What persons qualified for the insanity defense? In what states are people allowed to use the insanity plea?
People vs. Hickman, Calif., 268 Pac. Constitutionality of 1927 statue establishing new procedure where a plea of insanity is entered. Prior to 1927, there were four kinds of pleas open to a defendant: A plea of (1) guilty, (2) not guilty, (3) a former judgment of convections or acquittal (The defendant had to be found or proven not guilty by a jury or judge) and (4) once in jeopardy (person charged with crime, who has once already, by legal proceedings, been put in danger of conviction or punishment for the same offense.). In 1927, the Legislature added another plea. (5) Not guilty by reason of insnity. A defendant, who does not plead not guilty by reason of insanity, shall be conclusively presumed to have been sane at the time of the commission of the offense charged, provided that the court may (for good cause shown) allow a change of plea at any time before the commencement of the trial. (American Psychological Association, 1928)
A defendant, who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged. Section 1017 of the Penal Code was amended to provide that if the defendant pleads “not guilty by reason of insanity”, such a plea shall be entered upon minutes of the trial court substantially in the following form: “The defendant pleads the (s)he is not guilty off the offense charged because (s)he was insane at the time that (s)he was alleged to have committed the unlawful acts.” (American Psychological Association, 1928)
At the same time, there was added a new section to the code, in part reading as follows: “When a defendant pleads not guilty by reason of insanity, and also joins with another plea or pleas, (s)he shall be conclusively presumed to have been sane at the time the offense is alleged to have been committed. (Sec. 1026) If the jury shall fond the defendant guilty or if the defendant pleads only not guilty by reason of insanity, then the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried, either before the same or a new jury. In such trial, the jury decides if the defendant was insane or not during the time. If the verdict or finding be that the defendant was sane at the time, the offense was committed; the court shall sentence the defendant as provided by law.” (American Psychological Association, 1928)
Once finally in place, the insanity plea had to have some standards for whether a person could plead guilty or not. They had to prove themselves insane. The rules that these people have to comply with actually came from crimes themselves. 1. The M’Naghten Standard 2. The Durham Standard 3. The MPC Standard 4. American Law Institute Test
The first legal test for insanity came from the M’Naghten case. Englishman Daniel M’Naghten shot and killed the secretary of the British prime minister,
Show More

Related Documents: A Matter Over Mind: The Insanity Plea

Sproutel's Health Issues

The product that Sproutel designed to help children who have health issues is Jerry the bear, a smart doll that will assist children to create a healthy lifestyle. Sproutel created three types of Jerry the bear such as a bear for a child with Type 1 Diabetes (T1D), a bear for a child with food allergies and a bear for a child who wants to take their health and wellness. Jerry was set to have the same health issue as its owner has. His owner has to take care of him so he can be play with. This feature…

Words 428 - Pages 2

Health Related Issues

Health Related Issues Introduction This assignment will be a summary paper which looks at the influence of the environment and the different forms of physical activity and different types of healthy diets that it should be taken daily ,which encourage individuals to adopt positive health related behaviours that have a positive effect on an individual’s health. Mainly with the efforts to reduce such things as diabetes and obesity, the report will also look at the department of health discussing…

Words 2557 - Pages 11

Essay on Health Issues

Portfolio Item 1 The relationship between epidemics, pandemics and health practices. What is an epidemic? When there is an outbreak of infectious disease which affects a large number of people and/or is spread to many different places, it is called in medicine an epidemic of that disease. Disease spreading among a smaller number of people in a single community or limited location is called an outbreak instead of epidemic. If the number of people and places where the disease has spread is international…

Words 553 - Pages 3

Aboriginal Health Issues

Canadian Aboriginal women, as a minority group, have unique health issues and struggles. Arthritis, diabetes, cardiovascular disease and addiction are some of the most concerning and common diseases facing this group. When looking at major health issues that face Canadian Aboriginal women, culturally appropriate preventative health strategies around lifestyle choices could be very beneficial. Sensitivity to the unique challenges including the connection between historical circumstances, demographics…

Words 331 - Pages 2

Health Issues In Maori

are facing many health related issues. This essay is about a health issue relevant to Maori population. Cardiovascular disease as the most common health issue among Maori. The essay explores the details of CVD and its relevant demographics. The importance of the Treaty of Waitangi in this context and explained the historical factors relevant to CVD. Finally, a significant health policy related to CVD is described and a community health programme is identified to implement the health strategy. CARDIOVASCULAR…

Words 852 - Pages 4

Mental Health Issues

The Issue: Mental Health on campus According to the National Alliance on Mental Illness, - 1 in 3 college students suffers from depression - Over 50% report having below average or poor mental health - 30% point to school stress as the main cause of their mental health issues According to the Center for Disease Control, the principal causes of mental illness in college students are lack of sleep, lack of exercise, an imbalanced diet, and stress. Home-cooked Meals as a Hall The Issue:…

Words 424 - Pages 2

Aboriginal Health Issues

Indigenous Health and well-being. “Indigenous people are the original people of Australia. Their continuity, history and cultural traditions are unrivalled in the world”. (Australian Indigenous Health Info Net, 2017) Health Info Net explains that the Indigenous people have survived many challenges which include, Droughts, floods and scientific proof of extreme climate due to period of arid climate change has been found in an ancient site known as Warratyi. (Australian Indigenous Health Info Net,…

Words 922 - Pages 4

Health Policy Issues: The Five Health Issues In Nursing Practice

Health Policy Issues The five health issues that affect me most are those that relate to my nursing practice. My list includes (1) Health Care Reform, (2) Measuring Health Care Quality, (3) America’s Health Care Safety Net, (4) Nursing Labor Markets, and (5) Health Policy Communication (KaiserEdu, 2015). I find these five issues are interconnected and impact each other. However, I believe the Health Care Reform Act also known as The Patient Protection and Affordable Care Act (ACA) 2010 the most…

Words 194 - Pages 1

Health Issue Analysis

The definition of health, created by the World Health Organisation (WHO) in 1947, is still today, the most widely accepted and quoted definition. It states that "Health is - A state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity.". There are five different dimensions that directly relate to being a wholly healthy person and they are physical health, mental health, emotional health, social health and spiritual health. The definitions of each dimension…

Words 757 - Pages 4

Ethical Issues In Mental Health

Mental health at any level is the process of providing aid both prevention and treatment of mental disorders. The job of a mental health counselor entails counseling, diagnosing, and providing tools to help people that are developing or already have mental health issues. Recently, the organizations of mental health have crossed over from in person counseling to the used of the internet to complete this process. A lot of issues have come up because of this process due to face that the use of the…

Words 673 - Pages 3