When it comes to the court room, pleading insanity is one of
the most used defenses today. Those how have committed first degree murder will
attempt to plea insanity as a way to “get off the hook.” According to the text
book, legally insane is the inability to understand that certain actions are
wrong, in a legal sense, at the time of a crime. In order for the court to
determine if someone is legally insane, the defendant must go through a series
of stages such as taking the McNaughton test, talking to a therapist, etc. In
my opinion, those who are insane and commit a criminal act should be sent to a
mental hospital, however those who are faking should get automatic life in
jail. Unfortunately, if someone gets sent to a mental hospital and it comes out
that the entire thing was fake, the defendant cannot get retried due to the
double jeopardy law. There are some cases the court sends an innocent person to
death row. Well sometimes, then can send a sane person to a mental institution.
I can’t help but wonder what the criminal justice system can do to help make
the insanity plea something that is used only when needed and not as a copout
plea for those who are guilty.
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