Question 1 and 2 Question 1
Question1 and 2
Thefirst reaction when I learn that a murderer has not been found guiltyby reason of insanity by a court is that I would question thereasoning, but try to find out whether justice has prevailed. Manypeople understand the term not guilty to mean innocent, this is notcorrect rather, it is just a matter of inadequate evidence (Stephen& Brian, 2008).
Itis difficult to dupe all professionals involved in the judicialprocess into believing one is insane this is because of the highprofessionalism that may be applied in determining whether one isinsane (Schmalleger, 2012). However, when the professionals are notserious with the process, it is easy to cheat them.
The1984 Insanity Defense Reform Act is legislation that permits theacquittal of an accused by reason of insanity in case the defendantcommitted a crime, when suffering from a mental sickness hence,could not substantiate his conduct to conform to the obligations ofthe law (Schmalleger, 2012).Whenthe 1984 Insanity Defense Act became adopted in making of judgments,the weight of proof was placed on the defendant making it difficultfor the defendant to succeed in a case. There is a difficulty thatis presented, when the insanity defense becomes pleaded thedifficulty usually occurs as this defense creates too much risk,where a defendant who is genuinely legally insane would be convictednonetheless.
Thecatalyst for the adoption of Insanity Defense Reform Act was theattempted assassination of President Ronald Regan by John W. HincleyJr. who claimed insanity and got away with it. The case generated toomuch uproar leading to the birth of the legislation (Walsh, 2014).The Act’s major significance was the removal of the burden of prooffrom the prosecution to the defendant. This ensured that it is verydifficult for people to use the Insanity Defense Act as an easyescape from justice.
Schmalleger,F. (2012). Criminologytoday: An integrative introduction.Boston: Prentice Hall.
Stephen,J. M. & Brian, L. C. (2008). Encyclopediaof Psychology and Law.New York: Thousand Oaks.
Walsh,A. (2014). Criminology:The essentials.Los Angeles : SAGE.