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Incompetent or Insanity

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If insanity is biological in nature or has a biological aspect, should people be charged with crimes they have committed if they are found to be incompetent or "insane"? Why or why not? for example the legal term "not guilty by reason of insanity."

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Solution Summary

Discusses the term "not guilty by reason of insanity" and why or why these people should or should not be found competent to stand trial.

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There are many times when the police are called, they must decide whether the person needs to be taken to jail or to a hospital. There are many times that a person who is mentally ill is arrested because the officer cannot determine whether or not the person may suffer from a mental disorder or instability. A prisoner who is charged for committing a crime could be temporarily or even permanently redirected into the mental health system if there is a question of competence to plead guilty or even to stand trial. It is the duty of the defense counsel, prosecutor, and the judge to raise the issue of mental competency, if the issues of the defendant's mental health condition necessitate it. This is considered due process. In most cases, defendants that suffer with mental disorders ...

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  • MA Education (Family and Community Services), Ashford University
  • B.A., Ashford University
  • A.S., Oklahoma State University
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