yeah this was a debate topic at school.

Should the insanity defense be eliminated?

i think the insanity plea should not be eliminated because every person is entitled to assert all possible defenses as stated in the constitution.

I wish there was a test that could determine if someone was truly insane not just an exam by a doctor but most of the time they are just doing it to avoid punichment and they aren't really insane. I guess that it has to be there becuse if someone was really insane it wouldn't be their fault.

I don't know if this matters much, but I think about it this way.

Do insane people really think they are insane? If so, are they really insane? Cause I could say that I'm insane, but am I really? No.

I feel that MOST sane people claim to be insane. I'm sure that there are some people that are actually mentally insane.

Ehh, I dont know. My theory is that usually, if someone commits a serious crime, such as mass murder, there's usually a reason why they did so. Such as, something mentally wrong. I dont think the average, sane person goes out and kills people.

So yes, I guess I am for the insanity plea in most cases.

^ Yeah, I agree with your no action without motivation kind of thing you're saying.

And even if 'insanity' is a reason for a crime, why should they be let go to be free? Due to their insanity, wouldn't they go out and commit more crimes?

Unless maybe if they're sent to rehabilitation afterwards.

Yes, it should be eliminated. Do you know that in my health records I found that they had written down that I suffered from depression and anxiety? Among other things. I was never even told this. I never knew I went through an "interview" of that sort. Hell, a pap smear doesn't exactly qualify...I'm not in denial. I might have suffered from a bit of depression as a young teen but now, NO WAY!

My point is that these days, a "professional" can find something wrong with just about every one of us. Too many people these days are filing saying they suffered from depression or whatever the case.

Military wife here and in our neighborhood last year, a man and his wife had just had a child but he had custody of his 4 year old with down syndrome. She had an accident at night in her bed and he slammed her against the bathroom wall so many times he cracked her head open, threw her in scalding hot water that made her skin burn apparently almost beyond recognition. He and his wife took their newborn to family, leaving the living 4 year old in the tub. Went back home and called 911 admitting what he did. Only about 2 hours after getting to the ER she passed away, swelling and bleeding in the brain. Coincidentally, he had just gotten back from 6 months in Iraq and blames it of course on post traumatic stress disorder due to war. What a load! Child services had over 40 complaints about him from neighbors and teachers who saw bruises only within the year before he even went! So that shows what BS the "PTSD" is. Just an excuse.

i think too many people use it as an excuse..but im not completley sure it should be eliminated.

In cadets, I was always taught, "impact, not intent" So assuming that you DID have a mental problem, it's still not an excuse. Perhaps a slightly lighter punishment, but nothing big. If you break something in a store by accident, are you expected to pay for it still? Yes.

There are psychological/psychiatrical evaluation methods to decide wether someone is insane or not, though.

Of course, that privilege is often abused as a defensive resource but still, it's necessary to provide the best defense for people who are brought in front of a jury.

I saw this one episode of House in which a woman kept hearing voices and ended up killing her son... When they removed the tumor in her brain, she was completely distraught and completely sane.
I think that the insanity plea is there for a good reason. I do not think just because you're insane at the moment, you should be able to get off of killing your son scotch-free, however.
But if your head is completely screwed up at some point, I don't think you should be penalized for the rest of your life.