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Insanity Defense History

In Greek and Roman mythology the beginning of an insanity defense was found. Strange and unusual behaviors were blamed on the Gods. The Gods were thought to be in control at the time the unusual acts were performed. The hearing of voices was thought to be blessings bestowed by the Gods to deliver messages to the less fortunate people. These people who heard the voices were revered and honored, not thought of as insane. It wasn't until the late seventh century B.C., under the archonship of Drake, the insanity defense was written about (Robinson).

In the 1600's, English common law introduced the "Absolute MadnessaE? defense. In 1724, the trial of Edward Arnold, who shot Lord Onslow in front of witnesses. His defense brought witnesses to testify that Mr. Arnold acted like a mad man, like a "wild beastaE?. This resulted in the "Wild Beast Rule", meaning, "Not guilty by reason of insanity if totally deprived of reason so as to be as an infant or a wild beastaE?. (History of Standards for the Insanity Defense).

In the 1800's, a simple treason charge, which is punishable by death, became one of the insanity defense precedence. A Mr. James Hadfield fired a gun at King George III in a theatre. He a major disturbance but no on


out the remainder of the sentence. The states that recognize the insanity defense believe it is up to the defendant to convince the jury if he or she is insane.

http://www.uoregon.edu/~rmauro/psy420/insane2.htm

In my opinion, I believe in the notion that everyone should be held accountable for his or her own actions. The insanity defense has been used as a scapegoat for many years. People should be punished for what they have done along with treatment. The insanity defense, as a whole, should be played out as "guilty but mentally ill.aE? A crime is a crime, punishable by the norms set up in any given society. Treatment should be made available for the mentally ill in the prison systems. - Lisa Piro

History of Standards for the Insanity Defense. 1-20-00

the British Prime Minister. He was under the assumption that the Prime Minister was out to get him. McNaughton was found not guilty by reason of insanity and spent the rest of his life in a mental institution. The public outcry was horrendous, which in turn attracted the attention of Queen Victoria. The Queen preceded to order the courts to come up with a better system in determining insanity. The McNaughton rule reads, "to establish a defense on grounds of insanity, it must be clearly proven that at the time of committing the act...the party accused 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...he did not know he was doing what was wrongaE?. (History of Standards for the Insanity Defense).

Many have contended that the insanity defense is nothing more than a loophole, allowing serious criminals to escape imprisonment. In fact, the plea is rarely employed in the United States and it is estimated that less than 1% of defendants have used it successfully. Deciding to raise an insanity defense carries serious consequences. This is especially true for persons charged with minor offenses for whom an acquittal "not guilty by reason of insanityaE? might lead to a longer period of incarceration than the conviction itself. "Before raising an insanity defense, a defe

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Approximate Word count = 1452
Approximate Pages = 6 (250 words per page double spaced)


  

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