Why does the insanity defense exist

In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness.Some states have another legal option aside from insanity:It exists to help protect people who genuinely do not understand the difference between right and wrong.The insanity defense worked and hinckley was acquitted.Instead, it was a way for a defendant to receive a pardon or a way to mitigate a sentence.

The insanity defense makes for some good drama.This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened.The defendant has the burden of proving the defense of insanity by a preponderance of the evidence which is similar to a civil case.The history of the insanity defense stretches back to at least the twelfth century, but initially it wasn't considered an argument for the defendant to be found not guilty.Renteln, in international encyclopedia of the social & behavioral sciences, 2001 2.1 the insanity defense.

Misperceptions of the insanity defense include the beliefs that it is frequently used, often successful, and available primarily to wealthy, educated defendants.It is also the oldest and was created in england in 1843.Criminal justice system ever since the precedent was set by the m'naghten case in britain.Four variations of the insanity defense currently exist:The idea that insanity could bar the conviction of.

Guilty but mentally ill (gbmi).One problem with discussing ngri is that there are, strictly speaking, 51 types of insanity defense in the united states—one for each set of state laws, and one for federal law.People overuse the insanity defence.One huge advantage of insanity defense is that the accused could avoid penalized with death, even if he were proven guilty.