GBMI Vs Ggi

When you think of mental illness, you don’t always think about all the ways it can affect you or your loved ones. Even if you do, you don’t realize how much a mental illness can change whoever it is affecting. “The Brain on Trial” by David Eagleman, a neuroscientist, is an article about mental illnesses and our legal systems. He explains the various effects mental illnesses can have on people and how the legal systems don’t always take this in to account in court. He also talks about the changes in your brain and personality when you have something such as a tumor or dementia. His stories are true and provide real world examples of some of the effects he has seen in people who have developed a mental illness.

People who are against this, think that this plea is an tactic the lawyers use to get their clients less time in jail, or inclusively get them into a better place such as a mental hospital. I understand that they think this way because there has been cases where it has been done with those intentions. However, we need to understand that psychiatrists knowledge is not the same, it is more advanced. In addition, we need to know that lawyers will not determine if the person was insane, but only claim him to be. It is all up to the psychiatrists who will examine the accused who will undergo many test that will determine him insane in the time of the crime scene. Fersh, the author of “Thinking of the Insanity Defense” stated in his book that, “ The American Psychological Association is primarily interested in providing empirical research to serve as a basis for informed public decisions, assisting the judge and jury in making legal, scientific and moral determinations, and ensuring appropriate treatment for mentally impaired offenders. The APA supports the insanity defense and believes that all mentally impaired defendants, regardless of guilt or innocence, deserve sufficient treatment following the verdict, especially if they pose a threat to themselves or others. The organization is greatly concerned over the issue of releasing dangerous individuals to society after inadequate treatment and would like to provide

The plea should be considered as a right for criminals trying to justify themselves in court. It would right to help the people who are mentally ill rather than avoiding the fact that they are mentally incompetent, and placing them in prison. There would be negative affects if mentally ill defendants do not get the proper medical treatment necessary. It is better to take action against the mental illness of a criminal so they will not put themselves and others at risk. The insanity defense would most likely lead them to a longer sentence, but will give them a chance to better their mental

While most people are concerned and want violent offenders punished and thrown in prison (which is a valid concern), it is rare that violent acts are committed by the mentally ill. For those crimes the mentally ill commits, prison may not always be the right answer; instead, proper treatment and rehabilitation would be much better. In general, the statement has always been made that the

There are some differences between a normal criminal and a criminal that suffers from a mental illness in the criminal justice system. For example one of the many fundamentals to our criminal justice system is the principle that no one can be tried or adjudged to punishment while mentally incompetent. Trials for mentally unstable people have been modified and are run by different guidelines. Unlike a regular convict, most mentally unstable convicts are unable to comprehend or are unable to complete a trial. Once a convict with a mental illness is convicted or awaiting trail their every medical need must be accommodated within the faculty and it's staff. Without the proper medical care a person with mental illness can become

There are many advantages of using an insanity plea, if in fact you can convince a jury or judge. I believe that in these models of reform there is on overlapping of advantages.

2. This criticism is on the moral basis and the consequences. This section suggests that the crime is of more importance, then the moral imperatives. It also addresses the way a criminal, who does plea insanity, should be trialed and punished for the crime. It is suggested, that the criminal should be convicted and the mental illness should be taken in consideration at the time of sentencing. If this method would be used by the court, it would allow the judge to determine the length of imprisonment, within a hospital prison, and the defendant would have to provide prove of improvement to the once dangerous behavior. Retrieved from; West's Encyclopedia of American Law, edition 2 (2008).

The insanity defense has become popularized by criminal television shows, but it is not used as portrayed. According to Dr. Zachary Torry, a psychiatrist, the defense is actually used in one percent of cases and not even one-fourth of those cases will succeed in front of a jury (Torry). Furthermore, the legal definition of insanity is very different than the societal definition. As stated by George Blau, a criminal defense lawyer, “insane” does not describe someone who is psychotic or crazy, but it instead describes someone who does not know the difference between right or wrong. They are found not guilty by reason of insanity (NGRI) because one of the three traits of a crime is not evident. The three traits are a guilty mind (mens rea), a prohibited act, and a pre-established sentence (Blau). For the insane, there is no mens rea because someone cannot feel guilty for an act that they do not know is wrong. Therefore, those found NGRI have a different punishment than those convicted of a crime. Their sentence is often time at a mental institution where treatment is available, but the sentences can be irregular and unchecked by government associations. Therefore, the insanity defense may need to be amended, by requiring monitoring of the cases and adopting the mens rea approach or to be completely abolished because of its potential improper use and a lack of proof.

The insanity defense was created to help protect people from the law, specifically those who due to serious mental illness could not be held accountable for their actions, regardless of how horrific they were. (Insanity, Religion, Terrorism 238) There should be no prejudice based on the mental deficiencies, incompetency, and mental illness of a person. Rather, the law should be malleable to be inclusive of everyone. The Constitution of United States represents the national framework of the government. The abolition of the insanity defense violates the Fourteenth Amendment, which is the Due Process Clause. Due Process Clause explicitly states no person shall be “deprived of life, liberty, or property without due process of law”, due process meaning fair procedures. Within the Constitution also lies the Eighth Amendment, which prohibits cruel and unusual punishments. To put a mentally ill or incompetent person on stand is a cruel and unusual punishment. Therefore although the public does not have a full comprehension of how the insanity defense works, in order to abide by the United States Constitution insanity defense MUST be available in a criminal matter.

The first criminal defense is pleading insanity which is an affirmative defense. Insanity is a “legal term rather than a medical one, and indicates a condition that renders the affected person incapable of rational thought, thereby removing criminal culpability” (Pollock, 2013). This means that a defendant is not responsible for their actions due to having mental health issues. If a defendant pleads guilty to a crime, but is found to be legally insane; they will still serve their sentence but with a lesser severe punishment. Once a defendant pleads insanity, they are often required to have a mental examination. When a defendant is in a court of law, they may claim that they were as mentally impaired with illness as to be “insane” at the time that they were committing the illegal act (Pollock, 2013). However, when pleading insanity it can also create issues by being used in a criminal proceeding.

The Insanity Plea should only be for the ones that are not mentally stable and they need to be put in a mental hospital. If they get the help they need they could be let out of the hospital for good behavior and proper care. When in therapy they need to complete goals and also take their medicine on a regularly basis. The definition of insanity is where you cannot know right from wrong and your mind is not in a stable condition to be out in reality. The people that are considered to be a danger to society are the ones that have severe mental

The United States criminal justice system has been continuously increasing incarceration among individuals who suffer from a sever mental illness. As of 2007 individuals with severe mental illness were over twice as likely to be found in prisons than in society (National Commission of Correctional Health Care, 2002, as cited in Litschge &Vaughn, 2009). The offenses that lead to their commitment in a criminal facility, in the majority of cases, derive from symptoms of their mental illness instead of deviant behavior. Our criminal justice system is failing those who would benefit more from the care of a psychiatric rehabilitation facility or psychiatric hospital by placing them in correctional facilities or prisons.

Image a life where you have difficulty defending yourself and nobody can clearly understand you. Now visualize trying to convince others that you are innocent of a crime. Since the early 80s, more than sixty mentally ill criminals have been executed the US (Mental Illness on Death Row). This paper will discuss the relationship between the law and the challenges faced by mentally criminals from tries to appeals and execution. It provides examples of some of the more famous cases of the execution of the mentally ill and describes current legislative. But we would try answer the whether the mentally disabled criminals should be charged with a death penalty. Throughout this paper, we will use Borromeo 's definition of someone with mental issues. He stated "mental retardation is a lifelong condition of impaired or incomplete mental development..." ( Borromeo 178). Some examples of these illnesses include but are not limited to major depression, bipolar disorder, post traumatic stress disorder and borderline personality disorder .

"Insanity is defined as a mental disorder of such severity as to render its victim incapable of managing his affairs or conforming to social standards." (Insanity, pg. 1) It is used in court to state that the defendant was not aware of what he/she was doing at the time of the crime, due to mental illnesses. But insanity is a legal, not a medical, definition. There is a difference between mental illness and going insane. Many problems are raised by the existence of the insanity defense. For example, determining the patient's true mental illness (whether they are faking or not), placement of the mentally ill after trial, the credibility of the psychological experts, the percentage of cases that are actually successful,

Mental illness and deviance fit together like a puzzle. Many times if someone commits a crime or does something so insanely crazy, people are quick to say “Well, they were mentally ill”. Although, that is not always the case, a lot of the time it is. If someone is an excessive drinker, people will label them mentally ill. They obviously must have something wrong with them if they just drink all the time. If someone commits a murder, they will be labeled mentally ill. If someone does drugs, robs a store, commits suicide, and so many more things – they will automatically be labeled as someone who is mentally ill. People will plead insanity so that they don’t get the death penalty in prison. Pretty much every time, if someone