It can lead to a no-jail term or possible acquittal. It is often seen as a last ditch effort to get out of a consequence when someone is caught dead to rights.
The defendant might not be sent to jail but there is no guarantee. The cost to hire specialists, write reports, and evaluate the health of the defendant drives the costs of a trial much higher than they would be otherwise.
List of the Pros of an Insanity Defense 1. It creates an instant atmosphere of guilt. It is not implemented in some jurisdictions.
As you can see, the person who performed the assassination attempt tried to push an insanity defense by the time he was under litigation for the crime. Also, it might happen that, despite being proven insane, an accused person may still be proven guilty and given an adequate sentence as per the law, even death.
Is it helpful to society, or not. It promotes an atmosphere of guilt instantly. In fact, being relieved from a jail sentence even if an accused had to stay in a psychiatric facility is not always a good thing.
It is likely that such stay will be more taxing for the accused, and there is always a chance to get cured and then sentenced as a sane and normal person. Though it might not be jail, still it gets him off the streets. During his trial, psychiatrists testified that he was delusional. In case you did not know, insanity defense is a type of defense where the person who is charged with an offense would admit that he committed a crime, but would claim that he is not responsible for it due to mental illness.
Though the chance of acquittal has become slimmer over the years, it is still possible that a person might get some reprieve. One huge advantage of insanity defense is that the accused could avoid penalized with death, even if he were proven guilty.
In case you did not know, insanity defense is a type of defense where the person who is charged with an offense would admit that he committed a crime, but would claim that he is not responsible for it due to mental illness.
So, every time it is put forth, it would ring alarm bells, where every person involved would become overly conscious of all arguments in favor or against the defense party. In the context of crime, the sentence may be very lenient, as compared with the one to be given to an accused who is proven to be guilty and is sane in all aspects.
He was diagnosed with post-traumatic stress disorder PTSD. In states where there are successful NGRI defenses, the court declared that the defendant was incompetent to stand trial or charges against them were dropped.
For the prosecutors, they would also want to be involved in choosing the specialist to be hired. They told of how he was hospitalized four times in mental institutions seven months prior to the killings, and even include a stint less than a week before the shootings.
Because the insanity defense has been abused in the past, prosecutors, juries and judges have become more cautious when dealing with it. There is no clear data on the success of the insanity defense as well.
It disavows the death penalty. The defendant will not be sentenced to the death penalty if they are proven guilty by reason of insanity. List of Cons of Insanity Defense 1. So, every time it is put forth, it would ring alarm bells, where every person involved would become overly conscious of all arguments in favor or against the defense party.
They told of how he was hospitalized four times in mental institutions seven months prior to the killings, and even include a stint less than a week before the shootings.
List of Cons of the Insanity Defense 1. Even so, it would be eventually up to the judge or the jury to accept or reject insanity defense. The determination of insanity is often left to a judge or a jury. What Are the Pros and Cons of an Insanity Defense?
A successfully argued insanity plea in a criminal defense can lead to a release of criminal liability, but it also likely includes being committed to a psychiatric hospital, explains LawInfo. An insanity defense claims that a defendant was not mentally capable of understanding their actions were a crime at the time the crime was committed.
Here are the key pros and cons of an insanity defense. Here are the key pros and cons of an insanity defense. List of the Pros of an Insanity Defense. 1. It creates an assumption of guilt. Although the plea under an insanity defense is technically “not guilty,” it acknowledges personal responsibility for the crime.
If the insanity defense fails, then there is little room for any other type of defense to be successful. 2. List of Cons of the Insanity Defense. 1. It doesn’t guarantee success. The insanity defense is used in less than 1% of felony cases and it’s only successful for a handful of those.
The cases of James Holmes and Eddie Routh in the US were two of the latest to use the insanity plea. Not surprisingly, both were not successful. 2. It is difficult to prove. List of Pros of the Insanity Defense. 1. The defendant escapes the death penalty. Avoiding the death penalty (a punishment that is also being debated) is one of the biggest advantages of entering an insanity plea.
When a client wins a case using this defense, they are given a much more lenient sentence. List of Cons of Insanity Defense. 1. Some jurisdictions have abolished the insanity plea. And for those that still accept the defense, acquittal isn’t always easy to achieve.
2. A jurisdiction may not believe the insanity plea if there was no previous record of mental issues. 3. The defendant doesn’t have a high chance of being set free.Pros and cons of the insanity plea