The Insanity Defense

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Title: The Insanity Defense

Essay Details:

Subject: Miscellaneous

Author: Lucy B

Date: November 3, 2011

Level: University

Grade: A

Length: 10 / 2998

Essay text:

If a defendant pleas “not guilty by reason of insanity,” the court must assess his or her mental condition. The issue of insanity is decided by judges or juries who hear the testimony of experts on this issue. In order for a person to be held criminally liable in the courts, our system demands that he or she must have criminal intent or awareness of the wrongfulness of the act. If a person is mentally ill and unable to distinguish the difference between right and wrong, he or she has no mens rea. This means “he or she cannot be held criminally liable in our society” (Samaha, 2005). The criteria used to establish a legitimate insanity defense is very rigid...

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