The Insanity Defense History

Improved Essays
An analysis of the history and development of the insanity defense may initiate a greater understanding of its advantages, drawbacks, and social, economic, and political repercussions. The earliest evidence of the insanity defense appears as early as the third century, in Roman, Greek, and Hebrew doctrines (Shea, 2001). Early Roman law stated that those who commit crimes without evil intent should not be held criminally responsible for those crimes. Furthermore, the Roman law Lex Aquila maintained that, “(A) man who, without negligence or malice, but by some accident, causes damage, goes unpunished” (Rosner, 2003).
The insanity defense was first used in a courtroom around the time of Aristotle in 350 BC, though at this time it was mainly used
…show more content…
Written by William Lambarde in 1581, the premise of the document was to establish a legal distinction between individuals who could and could not understand the difference between good and evil, right and wrong. Lambarde wrote a formal “test” of insanity, which declared, “If a madman or a natural fool (congenitally retarded), or a lunatic in the time of his lunacy (episode of disorder), or a child that apparently hath no knowledge of good nor evil do kill a man, this is no felonious act...for they cannot be said to have any understanding will” (Torry & Billick, 1999, pg. …show more content…
In the 17th century, eventual Lord Chief Justice of England Matthew Hale suggested that there were four separate kinds of “insanity” properly acknowledged by the law: (1) “Idiocy,” which encompassed individuals with developmental disabilities or severe mental retardation; (2) “Melancholy,” also referred to as depression; (3) “Total alienation of the mind” or “perfect madness,” which we in modern terms would identify as chronic psychosis, schizophrenia, or dementia; and (4) “Phrenesis,” which was described as sporadic stints of schizophrenic behavior or other episodic psychiatric illnesses, such as bipolar disorder (Shea, 2001). Despite the difficulty that came with distinguishing between the two, Hale specified that only “idiocy” and “total alienation of the mind” could be included in a valid legal defense before the court. This specification was likely influenced by Hale’s belief that an individual’s state of mind (as opposed to the nature of the act) was the only relevant factor in deciding whether legal insanity could be used as a criminal defense. Due to the fact that the nature of a criminal act was too complex to prove, an individual’s capacity to differentiate between right and wrong became the main criteria for testing

Related Documents

  • Superior Essays

    Sane Enough to Die Imagine a state of paranoia so great that it starts to seem as if one’s own thoughts are not their own, or auditory and visual hallucinations that continuously speak of the inferiority of the masses, creating an intense sense of superiority in oneself. Such experiences are just a few of the possible symptoms of schizophrenia, a fairly well recognized psychological disorder present in today’s society. Psychological disorders are an incredibly real issue in the modern world that do not receive nearly enough consideration and understanding. It is this issue of mental illness that creates much controversy and indecisiveness in establishing legal guidelines for determining mental competence in the eyes of the law. Specifically, the Supreme Court case of Ford versus (v) Wainwright attempted to establish the constitutionality of executing someone deemed psychologically unfit after the trial process, as well as adequate procedures for doing so.…

    • 1987 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    In 2003, Andre Thomas viciously attacked and killed his ex-wife and her two children, and was sentenced to death row. His defense argued that he was not eligible for death row because of his mental state. The court ignored the argument and passed it off, saying that they were using his illness as an excuse to “get out of” maximum punishment. As demonstrated in this case, mental illness is not given the attention it deserves when determining a sentence. Cases such as these have aroused concern how fair the criminal court is towards the mentally ill.…

    • 1126 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Their proof must show that the accused has criminal liability, accountability, or culpability (Pg. 255). In the absence of one or both of the attributes the insanity may be used. To begin with, as stated by Torry and Billick, the insanity defense was used as far back as 1581 when there was a legal note in place for those who could distinguish the difference between right and wrong and those who could not (Pg. 256). By the Eighteenth Century the insanity defense was distinguished by, if the accused could only understand the ramifications of what he had done like an infant or even a wild animal would, then he would not be held responsible for said crime. Today, however, the law uses several different rules, including the M’Naghten rule, to determine if person’s mental state during the act of committing the crime was such that he will use the insanity defense.…

    • 1542 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    To the contrary, the legal definition shows that it is a very serious mental illness and cannot just be thrown around. This change in definition helps the reader to better understand the verdicts and helps them to see the legal system in a logical way. In this particular case, the lawyers that Dr. Lunde was testifying against were trying to use the insanity plea in order to protect their client when in reality it was just hurting them and making them appear desperate. Dr. Lunde’s words on the topic unveil some of the cheats used in the legal…

    • 712 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    I, Judge Awotwi, presided over the mock trial State Prosecution vs. Macbeth, and it is my duty to uphold the rule of law and instruct true justice upon this issue. The defendant entered a plea of insanity due to delusional compulsion before this court on October 24, 2017, after committing beyond a doubt one count of murder and two counts of felony murder. The question is not whether Macbeth committed these crimes, or if he is judged to be found guilty; it is to judge if the defendant “did not have [the] mental capacity to distinguish between right and wrong”, and that is the responsibility of the court (16-3-2). Due to the facts presented in court I have come to a verdict. The defense’s unique argument and main points overwhelmed the predominant…

    • 928 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    “Not Guilty by reason of insanity” This could be used in a plea in a court of a person charged with a crime who admits the act, but whose attorney says that they were too mentally ill at the time to determine whether it was right or wrong. In the short story, “The Tell Tale Heart” by Edgar Allan Poe it describes a crazy man who kills another man. The story takes place in an old house in the old man’s bedroom. The main character explains to the reader about his obsession of the old man. His obsession is concerning the old man’s “vulture looking” eye.…

    • 804 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Mrs. Andrea Yates past life showed that she has had a history of mental illness. Mrs. Andrea Yates had been brought to the hospital many times for strings of mental cases that she had received treatment for because she had harsh depression and the depression came due to psychosis. One time when Yates was in the hospital, she was described as an intensely psychotic woman. Yates has tried many times to commit suicide; for instance one time she tried to overdose by using antidepressants and even after that did not work she attempted to murder herself by stabbing herself. Yates has been through unfavorable paranoia.…

    • 1542 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    Sociopathy Vs Psychopathy

    • 1481 Words
    • 6 Pages

    The problem associated with this is that fact that because of this the standards to claim insanity were easier to do with the DSM than by the PCL-R. The DSM is what is more commonly used in Frye Jurisdictions. This evidence shows the unequal advantage of how the simplicity of what jurisdiction and individual is in can show significant impact on…

    • 1481 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The Norway’s insanity defense was first introduced in 1902, it requires no nexus between insanity and the criminal offense, the Breivik trial was a classic example where the suspect’s sanity at the time of the murder was put to the test (Melle, 2013). The psychiatric evaluations that was conducted produced two different results, the first concluded a psychotic reading as within the penal code. The second report showed results incompatible with the legal concept of psychotic. Norway laws say that the defendant should be given accorded reason of doubt as to whether insanity as a defense can be applicable. Knut Hamsum was accused of collaborating with the Nazi Army during their occupation of Norway.…

    • 292 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Tests for insanity include M’Naghten Rule and the American Law Institute Model Penal Code. The M’Naghten Rule focuses on whether defendant knew nature of the crime or understood right from wrong at the time the crime was committed. Under the American Law Institute (ALI) a defendant may be found not guilty by reason of insanity if lacking either cognitive or volitional (irresistible impulse) capacity. The ALI test provides “A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to the appreciate the criminality (wrongfulness) of his conduct or to conform this conduct to the requirements of the law” (Goldstein. Morse, & Packer, 2013, p.…

    • 1387 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    An accused may be able to reduce the liability of their criminal act through proving that they were mentally unstable at the time of the offence, and this challenges rationality since perhaps the mind was “involuntarily incurred” (Mitchell, 1986, 273). There was dispute regarding whether the verdict in Dahmer’s case was just, due to his child-rearing stages consisting of barbaric acts such as disembowelling a found dead dog (Purcell and Arrigo, 2006). During the case, the defendant’s psychiatrists claimed that he was incapable of monitoring his actions (Reznek, 1997). This issued a dilemma within the court case, since it was unclear if Dahmer was simply wicked, or should be excused due to a mental disorder (Reznek, 1997). Despite the guilty verdict issued by the jury, the classical perspective fails to clarify whether Dahmer chose to develop these urges as a child, which had ultimately led him to commit such violent…

    • 1622 Words
    • 7 Pages
    Superior Essays
  • Superior Essays

    The insanity plea is a defense in the court of law put in place for people who suffer from mental illness and commit crimes. Under this defense, the mentally ill are not entirely held responsible for their actions given the terms that they were not in the correct state of mind when the crime took place. The person would admit to committing the crime, but then say they are not guilty by reason of insanity (Francone). This plea has been used in my cases throughout history.…

    • 1321 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    According to Bartol and Bartol (2011, p. 244) if an individual pleads not guilty by the circumstance of insanity, then the psychiatric evaluation should be focused on the individual 's mental state at the time of the crime. This basis is very much in line with the recommendation of Dr. Siegel in his letter to the…

    • 882 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Serial Killers Essay

    • 1038 Words
    • 5 Pages
    • 6 Works Cited

    According to law, a person is “not guilty by reason of insanity” if they do not have the capacity to know right from wrong, therefore;…

    • 1038 Words
    • 5 Pages
    • 6 Works Cited
    Superior Essays
  • Superior Essays

    How do you feel about a defense that is made basically to allow a criminal justification over a crime they committed? Well thats the insanity defense for you. It has been around for over two-hundred years and since then it has had several reforms brought to it. It was brought around to help the mentally ill, allowing them to plead not guilty to a crime because they lacked the mental capacity to understand right from wrong or appreciate why what they did was wrong. Basically it states they aren’t criminally responsible for their actions; therefore they are sent to mental facilities to help treat their mental illness and not given prison or jail time.…

    • 1893 Words
    • 8 Pages
    Superior Essays