If one if insane, they are not conscious or capable of controlling their actions. This is does mean they are not responsible, nor does it mean they are not a danger to society. But there is a difference between one who consciously makes the decision to commit a crime and those who do it because they are genuinely incapable of self-control.
It is important that the insanity defense be available to alleged criminals, because the rationale for society enacting punishment through the legal system typically does not apply if the wrongdoer was not aware that what they were doing was wrong. If the defendant was of unsound mind during the crime, prosecution becomes persecution of the (temporarily) mentally ill. The appropriate response of society to the unwell committing crimes is to rehabilitate them through mental health treatment rather than jail or prison.
The defendant may suffer from psychosis resulting from internal and external factors that dictate their mindset. Given their mental condition, the U.S. penal system’s punishments are unsuited for such people. In cases of murder, the defendant is sentenced a life in prison or the death penalty; both of which are too severe for someone suffering from mental illness.
The Insanity Defense Plea is necessary in distinguishing the rights that mentally disordered individuals should receive. The defense is vital in the person's recovery and their ability to be able to recognize the negative effects and immorality of their criminal actions. Insanity defense is imperative because the defendants are not fully responsible, they need to be rehabilitated, and putting them in prison would generate a lousy situation and provide an unhealthy environment.
People that are proven to be insane are not all there leading up to what they are going to do. Yes they are still responsible for what they have done, but they do not fully have the notion of whats going around in their surroundings. Therefore they don't know how to handle things the right way. So, sadly it isn't their fault.
Jeffrey Dahmer suffered from severe mental dysfunction, but still knew what he was doing was wrong.
He had one of his victims drugged and got distracted. The victim went outside and caught a few girls attention. They thought something was up so they called the police. When the police arrived the girls were in an alarmed state,
The worst of humanity still has a conscience. They still know the difference between right and wrong. They make the conscious decision to ignore it.
The insanity defense has absolutely no merit in a true system of justice.
The insanity plea is a get out of jail free card for many criminals, there is no 100 percent way to tell if a person is actually insane or sane. How do we know what is normal and not normal? If a criminal wanted a less severe punishment it would be easy for them to claim insanity. If a person was truly insane why do they not have medical attention.
There has to be a provoking factor which triggers the human mind to commit these actions. Some people may argue that it is not fair to those who claim to be insane, however they still went through with the act and we have a family that is hurting. If you did the crime you should do the time regardless of conditions. Accommodations can be made for special needs in the penitentiary.
I personally do not see any pros to the insanity defense. If a person commits a crime, they need to stand trial for it. I believe the insanity defense has become over used and is not really valid in a lot of the cases. I think the courts see very few cases where the defendants are truly insane.
There are no pros to the insanity defense. In fact, the fact that people get away with murders because of claimed insanity is just plain wrong. Other people have to pay for the crime and so should they. Insanity covers more than just people with mental retardation. It covers manic depressives too -- people whose mental condition can be changed. I believe they are aware and are not really insane to begin with.