Does anyone else think the insanity defense is crazy?

[StormRider]

The defense for John Lee Malvo (sniper) is trying to prove that he is insane while the prosecutor is trying to prove he isn't.

But to me, it's obvious he's crazy -- what sane person would do what he did? In fact, in my opinion, most criminals that commit the worst type of crime (murder, rape etc) are not right in the head -- otherwise they wouldn't do that crime.

So, if the insanity defense were valid, the people who commit the worst crimes would get off because they're insane. It doesn't make sense to me.

 

[Spoooon]

The insanity defense is very rarely used, and of those instances, it is rarely successful.

 

[edro]

I think it is a perfectly good defense, but that you should STILL have the exact same punishment as a sane person. If you went temporarily insane, there is a good chance you will do it again and maybe kill someone else.

 

[damiano]

Originally posted by: edro13
I think it is a perfectly good defense, but that you should STILL have the exact same punishment as a sane person. If you went temporarily insane, there is a good chance you will do it again and maybe kill someone else.

very well said

 

[StageLeft]

It's slippery.

On the one hand a guy like malvo, insane or not, people want to see blood. The defense won't fly.

One could easily argue that anybody who does what he did is "insane". One could further argue that it's mentally deficient to decide to do anything like that, knowing that you'll be caught. So maybe anybody who does it is insane.

Considering that insanity is clinically determined based on certain criteria that are more quantitative than qualitative (ie, you have to have 5 or more positives on a test of 8 checks, whereas somebody with 4 may not be insane, and somebody with 5 may be), it's exceedingly difficult to truly determine the exact difference between somebody who is barely insane and somebody who is only just sane.

If you're totally off your freaking rocker and do some ridiculous crime I can definitely support sending you away to a mental institute forever, but what if you're just "kind of" nuts. Where do you draw the line?

Don't forget that soembody who is clinically insane now may not be based on new definitions of it in 10 years, or somebody who is not insane now could very well be considered such in the future.

 

[Spoooon]

Misconceptions muddle insanity defense debate...

Bard cited three other common myths about the insanity defense:

* Such defenses are common. Fact: A "big body of research" shows that the insanity defense is raised in just 5-14 percent of homicide cases, she said.

* Insanity defense criteria are so complicated that defense attorneys easily can fool juries into acquitting clients. "Actually, there is some really interesting research showing that the vast majority of successful insanity defenses come in bench trials. It's primarily judges who are most sympathetic to insanity defenses," Bard pointed out.

* The insanity defense usually is used in murder trials. Fact: Murder cases account for fewer than one-third of insanity defenses, Bard said. More often, Bard said, the insanity defense figures into trials for minor offenses such as shoplifting and assaulting a police officer -- unfortunate but predictable occurrences when mentally ill offenders are repeatedly convicted and released, rather than being treated for the root causes of their anti-social behavior, argued Bard.

"Jurors tend to imagine that such defendants will simply walk away" -- which is understandable, given that juries in many states are not told what will happen to people acquitted by reason of insanity, Bard said during an Oct. 17 lecture at Pitt's law school.

In fact, "the actual statistics show that defendants who were found not guilty by reason of insanity actually spent more time confined to institutions than people who were convicted of crimes and served sentences," she said.

 

[sillymofo]

I really don't get the insanity plead. I mean, so what if a person is crazy, if they commit the crime, then they pay for it, simple. That's just one less crazy @ss byeatch doing stupid shiets to people, and I think that would fit into the "crime prevention" area.

 

[Tom]

The defense is required to do their best for their client, in this case they don't have much else to try. It isn't going to work.