The insanity plea originated from century-old, European belief and that was adapted and modified repeatedly throughout history. Arguably, the defense is a fundamental aspect of the American legal system, for it influences other social factors in society "The insanity defense is very important to keep the moral debate going about who is criminally responsible and about why we punish" (Butterfield). By the 1960's, feelings towards the insanity plea began shifting, and amendments were made to 'toughen' standards and place more restrictions on what constitutes as 'insanity'. By the 1970's ,much of the public lost interest in defending the integrity of the insanity defense, and thus, took less of an interest in the quality of care that mentally ill people, criminal or law-abiding, received. As a result of social factors, such as high rates of poverty and substance abuse amongst the mentally ill, "...jails and prisons have become the institutions most likely to house the mentally ill" (Young).This loss of interest is evident because, "...state governments dramatically accelerated the release of patien

The insanity plea must remain as a influential aspect of the American legal system because it is reflective of the American ideals that are slowly diminishing. "There is something peculiarly human about the concept of guilt and it should be applied only to those who have the basic trait of an adult human: moral understanding" (Butterfield). It is unethical to punish an individual for actions that they don't understand, and it serves no greater purpose for society.

Consequentially, these changes have only succeeded in imprisoning hundreds of thousands of people who suffer from severe mental illness, such as schizophrenia and bipolar disorder. Over 30% of people currently in jail self-reported that they have or have had symptoms of a serious mental disorder or emotional disturbance (Fanning). "Once the mentally ill are within the criminal justice system, their condition may deteriorate as a result of inadequate treatment and because circumstances of life behind bars are likely to exacerbate their condition" (Young). In effect, the system is also releasing these people back into society after their sentence has been completed, without any assistance or outside care. Clearly, these revisions have not been effective; 87% of people found "guilty but mentally ill" (GBMI) were arrested multiple times after they were released from prison (Miller). In the year 2000, at least 20 states recognized the GBMI defense (Fanning). The (GBMI) defense gives the judge an opportunity to sentence the perpetrator to an institution until they're well enough to serve out their sentence in prison] (Miller). This system endangers the lives of those who are convicted of crimes, and the rest of society. Furthermore, the revisions have not altered the number of people who plead the insanity defense, nor the percentage that does so successfully (Fanning). Thus, it is essential to maintain the insanity defense to preserve a certain standard of moral decency in our legal system.

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Approximate Word count = 1560
Approximate Pages = 6 (250 words per page double spaced)