Report Writing: The Insanity Plea
The insanity plea, also known as the insanity defense, is a legal defense used in criminal cases where the defendant claims they were not mentally capable of understanding the nature of their actions at the time of the crime. Writing a report on the insanity plea involves exploring its legal framework, historical background, psychological aspects, and controversies surrounding its use. A well-structured report should present a clear analysis of how the insanity defense works, its application in different jurisdictions, and its impact on the legal and mental health systems.
This article will guide you through the steps of writing a comprehensive and informative report on the insanity plea.
Table of Contents
Step-by-Step Guide to Writing a Report on the Insanity Plea
1. Title
The title should be concise, informative, and reflective of the content of your report. It should immediately convey the subject matter. Some examples include:
- Report on the Insanity Plea: Legal Framework and Controversies
- The Insanity Defense: A Comprehensive Analysis
2. Introduction
In the introduction, provide a clear definition of the insanity plea and explain why it is a significant subject in criminal law. Mention the report’s purpose, which is to explore the legal, psychological, and societal aspects of the insanity defense, and provide a brief overview of its history and current use.
Example:
The insanity plea, or insanity defense, is a legal strategy used in criminal cases where the defendant claims they were not mentally capable of understanding the nature or wrongfulness of their actions at the time of the crime. It has long been a subject of debate in both the legal and psychiatric communities, as it intersects issues of criminal responsibility, mental health, and justice. This report aims to explore the history, legal framework, and controversies surrounding the insanity plea, as well as its psychological underpinnings and impact on the criminal justice system.
3. Historical Background
In this section, provide a brief history of the insanity plea. Mention landmark cases and the evolution of the legal standards used to determine insanity, such as the M’Naghten Rule, the Durham Rule, and the Model Penal Code.
a) The M’Naghten Rule
Explain the M’Naghten Rule, which originated in a famous British case in 1843 and became one of the earliest standards for determining insanity in criminal cases.
Example:
The M’Naghten Rule, established in 1843 following the case of Daniel M’Naghten, set the foundation for the modern insanity plea. M’Naghten, who was suffering from delusions, killed the secretary of the British Prime Minister, believing he was being persecuted. The court ruled that M’Naghten could not be held criminally responsible because he did not understand the nature of his actions due to his mental illness. The resulting legal standard, known as the M’Naghten Rule, asks whether the defendant was incapable of understanding the wrongfulness of their actions at the time of the crime.
b) The Durham Rule
Discuss the Durham Rule, which expanded the definition of insanity by considering whether the crime was the result of a mental illness.
Example:
In 1954, the Durham Rule was introduced in the United States, following the case of Durham v. United States. This rule broadened the scope of the insanity defense by stating that a defendant could be excused from criminal responsibility if their unlawful act was the direct result of a mental disease or defect. However, the rule was later criticized for being too vague and was eventually replaced in many jurisdictions.
c) The Model Penal Code
Explain how the Model Penal Code (MPC), developed by the American Law Institute, further refined the insanity defense, combining elements of both the M’Naghten and Durham rules.
Example:
The Model Penal Code (MPC), introduced in 1962 by the American Law Institute (ALI), sought to create a more balanced standard for the insanity plea. Under the MPC, a defendant can use the insanity defense if, due to a mental disease or defect, they lacked the capacity to appreciate the criminality of their conduct or conform their behavior to the law. This standard is more flexible than the M’Naghten Rule but more structured than the Durham Rule, and it has been adopted in various forms by several U.S. states.
4. Legal Standards for Insanity
In this section, explain the legal standards commonly used to determine insanity in criminal cases. Mention the different tests used in various jurisdictions and the criteria a defendant must meet to successfully plead insanity.
a) Cognitive and Volitional Criteria
Describe the cognitive and volitional aspects of the insanity defense, which refer to a defendant’s ability to understand their actions and control their behavior.
Example:
The insanity defense often hinges on two key criteria: cognitive and volitional. The cognitive criterion refers to the defendant’s ability to understand the nature and wrongfulness of their actions at the time of the crime. The volitional criterion focuses on whether the defendant, even if they understood their actions, was able to control their behavior due to a mental illness. Jurisdictions that follow the M’Naghten Rule typically focus on the cognitive aspect, while those influenced by the Model Penal Code consider both cognitive and volitional factors.
b) Burden of Proof
Explain the burden of proof in insanity cases, which varies by jurisdiction. Mention whether the burden falls on the prosecution to disprove insanity or on the defense to prove it.
Example:
In many jurisdictions, the burden of proof for the insanity defense lies with the defendant, who must provide evidence that they were legally insane at the time of the crime. In some states, the defense must prove insanity by a preponderance of the evidence, while others require proof beyond a reasonable doubt. In contrast, a few jurisdictions place the burden on the prosecution to prove that the defendant was sane at the time of the crime.
5. Psychological and Psychiatric Aspects
In this section, discuss the psychological and psychiatric aspects of the insanity plea. Explain how mental health professionals assess whether a defendant meets the criteria for legal insanity and the role of forensic psychiatry in these cases.
a) Forensic Evaluation
Describe the process of forensic evaluation in determining whether a defendant is legally insane. Mention the role of psychiatrists, psychologists, and other mental health experts in providing testimony.
Example:
When a defendant pleads insanity, a forensic psychiatric evaluation is typically conducted to assess their mental state at the time of the crime. Mental health professionals, including psychiatrists and psychologists, evaluate the defendant’s history of mental illness, their behavior during the crime, and their capacity to understand right from wrong. These experts often provide testimony in court, helping the jury or judge determine whether the defendant meets the legal criteria for insanity.
b) Mental Illness and Criminal Responsibility
Discuss how different types of mental illnesses might affect a defendant’s ability to stand trial or be held criminally responsible. Mention conditions such as schizophrenia, bipolar disorder, and dissociative disorders.
Example:
Certain mental illnesses, such as schizophrenia, bipolar disorder, and dissociative identity disorder, may impair a defendant’s ability to understand the nature of their actions or control their behavior. For example, a person with schizophrenia may experience delusions or hallucinations that distort their perception of reality, making it difficult for them to distinguish between right and wrong at the time of the crime. Mental health professionals assess the severity of the illness and its impact on the defendant’s criminal responsibility.
6. Controversies Surrounding the Insanity Plea
In this section, explore the controversies and criticisms surrounding the insanity plea. Mention public perceptions, misconceptions, and high-profile cases that have fueled debates over the use of the insanity defense.
a) Public Perception and Misconceptions
Discuss how the general public often misunderstands the insanity plea, with many believing it is a “get out of jail free” card or that it is widely abused.
Example:
One of the most common misconceptions about the insanity plea is that it allows dangerous criminals to avoid punishment and return to society without consequences. In reality, the insanity defense is rarely used and is successful in only a small percentage of cases. Furthermore, defendants found not guilty by reason of insanity are often committed to psychiatric institutions for long-term treatment, sometimes for longer periods than a prison sentence would have lasted.
b) High-Profile Cases
Mention high-profile cases that have brought the insanity plea into the public spotlight. Discuss how these cases have influenced public opinion and legal reforms.
Example:
High-profile cases such as the John Hinckley Jr. trial in 1982, where Hinckley was found not guilty by reason of insanity for his attempted assassination of President Ronald Reagan, have sparked intense debate over the use of the insanity defense. In response to public outcry, several states reformed their insanity laws, with some adopting the Guilty but Mentally Ill (GBMI) verdict, which holds defendants criminally responsible while acknowledging their mental illness.
7. Legal Outcomes and Alternatives
In this section, discuss the possible legal outcomes for defendants who plead insanity. Mention options such as not guilty by reason of insanity (NGRI), guilty but mentally ill (GBMI), and diminished capacity.
a) Not Guilty by Reason of Insanity (NGRI)
Explain that a verdict of Not Guilty by Reason of Insanity (NGRI) results in the defendant being committed to a psychiatric institution rather than prison.
Example:
When a defendant is found Not Guilty by Reason of Insanity (NGRI), they are typically committed to a psychiatric facility rather than a prison. The length of their commitment depends on their mental health condition and whether they are deemed a danger to themselves or others. In many cases, defendants spend years or even decades in psychiatric institutions until they are considered stable enough to be released.
b) Guilty but Mentally Ill (GBMI)
Describe the Guilty but Mentally Ill (GBMI) verdict, which allows defendants to be held criminally responsible while receiving treatment for their mental illness.
Example:
In some states, courts may issue a verdict of Guilty but Mentally Ill (GBMI), which acknowledges the defendant’s mental illness but holds them criminally responsible for their actions. Defendants found GBMI are typically sentenced to prison but receive psychiatric treatment during their incarceration. This verdict is seen as a compromise between recognizing mental illness and ensuring accountability.
8. Conclusion
Summarize the key points of the report and provide final thoughts on the role of the insanity plea in the legal system. Reflect on the importance of balancing justice and mental health considerations in criminal cases.
Example:
The insanity plea remains one of the most complex and controversial aspects of criminal law, balancing the need for justice with the understanding that mental illness can impair a person’s ability to make rational decisions. While the defense is rarely used and often misunderstood, it plays a crucial role in ensuring that individuals suffering from severe mental illness are treated humanely and receive the care they need. Going forward, it is essential for both the legal and mental health systems to work together to address the challenges of the insanity defense and ensure that it is applied fairly and appropriately.
Key Points to Remember When Writing a Report on the Insanity Plea
- Be Objective and Factual: Present the facts clearly and avoid personal opinions. Support your report with credible data and examples.
- Use Data and Examples: Provide statistics, historical cases, and real-world examples to support your analysis.
- Structure the Report Clearly: Organize your report into sections, such as history, legal standards, and controversies, for ease of reading.
- Avoid Jargon: Write in a clear and accessible manner, avoiding overly technical legal or psychiatric terms unless necessary.
- Proofread for Accuracy: Double-check names, dates, legal terms, and references to ensure the report is accurate and free from errors.
Sample Report Format
Title: Report on the Insanity Plea: Legal Framework and Controversies
Introduction: A brief overview of the insanity plea, its significance, and the purpose of the report.
Historical Background: A discussion of the history of the insanity plea, including the M’Naghten Rule, Durham Rule, and Model Penal Code.
Legal Standards for Insanity: An explanation of the cognitive and volitional criteria used to determine insanity, as well as the burden of proof.
Psychological and Psychiatric Aspects: A discussion of how mental health professionals assess legal insanity and the role of forensic psychiatry.
Controversies Surrounding the Insanity Plea: An exploration of public perceptions, misconceptions, and high-profile cases.
Legal Outcomes and Alternatives: A discussion of the possible legal outcomes, such as NGRI and GBMI, and their implications.
Conclusion: A summary of the key points and final thoughts on the insanity plea’s role in the legal system.
By following this structure and focusing on the key elements of the insanity plea, you can write a well-rounded and informative report on one of the most complex aspects of criminal law. The goal of the report is to provide a balanced and comprehensive analysis of the insanity defense, its legal framework, and its societal implications.
