Hello again! It has been a couple months since my last Schizable update. As those of you who have followed my blog for awhile now know, I have Schizophrenia and have taken up the cause to raise awareness about the disorder, destigmatize the disorder, and just plain be a model citizen to represent those who are hobbled by the disorder.
With those goals in mind, I’ve decided to take you on a four month, four part journey of the Insanity Defense. For all of my searching via Amazon and local bookstores, I could only locate one truly reliable source of information(short of passing the bar) on the Insanity Defense. This source is a book called, “Thinking About the Insanity Defense” and is edited by Ellsworth Lapham Fersch. As some of you know, there have been some mass shootings in recent months that have elicited some very hateful comments on message boards and newsfeeds that have me greatly concerned about the future of the Insanity Defense. Nobody knows whether it will be used in the case of the Aurora, Colorado shooting, but all the news outlets seem to be hellbent on tainting the jury in case it is. So what do I hope to accomplish by providing you with information about this defense? I hope that if you are ever called upon to be a jury in a courtroom setting where the Insanity Defense is being used, that you will approach it with an open mind and not be tainted by personal vendettas or mainstream media bias. In short, I would like you to THINK if and when you find yourself in a courtroom and a person’s future is in your hands.
This first part will examine what is the Insanity Defense and how often is it used and what is the success rate. I will quote word for word from the book I mentioned. If you want to, feel free to buy the book through the Amazon link provided up at the top.
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“What is the insanity defense?”
‘The insanity defense is one of a number of defenses available to individuals who have committed an act which the law has declared criminal. An individual who commits such an act may be found not criminally responsible for the act with a successful plea of insanity. The individual is, in other words, determind to be not guilty by reason of insanity. Because insanity is a legal and not a psychological term, the defense is often misunderstood by the public at large and by juries who must grapple with it. A more clearly understood defense which, when successful, may excuse an individual from criminal responsibility is self-defense. When that plea is successful, the individual is simply found not guilty, though by adding the phrase by reason of self-defense would be an appropriate way to understand the finding. Because of the connotations of insanity and of mental illness and because of the history of attempts to deal with those mentally disordered individuals who come to the attention of the police and the courtes, the insanity defense has been the center of controversy within the legal and mental health professions and with the public at large.’
“Why is there an insanity defense?”
‘Supporters of the insanity defense argue that it exists as an attempt to impose a moral check on a system largely designed to assume mental stability while weighing facts and evidence. They contend that it humanizes the criminal justice system and makes it moral. Opponents of the insanity defense argue that it unduly emphasizes an inexact science, excuses individuals who acted purporsefully, and denies some of their human dignity by labeling them as insane rather than dealing directly with their contentions and arguments.’
“How often is the insanity defense used?”
‘Every review of the insanity defense has shown that it is rarely used throughout the United States. Studies have concluded that the insanity defense is used in less than one percent of criminal trials and is successful only about a quarter of the time it is used. The reason that the public may believe this defense is used more frequently is due the large amount of media attention given to high-profile insanity defense cases involving violent acts.’
“How often is the insanity defense successful?”
The insanity defense is generally unsuccessful. A 1991 eight-state study performed by the National Institute of Mental Health showed the insanity defense was used in less than one percent of all cases, and when it was used only twenty-six percent of those please succeeded. A 2001 study revealed that over a ten year period only sixteen of ten thousand indicted used the insanity plea, and success almost always came in the form of a plea bargain with the prosecuters.”
To be continued next month…
The first two questions were from Page 3, the second two from page 5. If you are at all curious, buy the book!
To see all previous Schizable entries all you have to do is google search ‘schizable’ and they are the results that come up. Feel free to browse around, I won’t call you out. Haha.
Have a good one Xanga!
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