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The Rationale for the Insanity Defense

Discuss the rationale and standards for mounting an insanity defense.

Discuss the current criticisms of the insanity defense and suggested revisions or reforms for using an insanity defense.

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The insanity defense, over the years, has been one of the most misunderstood (and mocked) defenses used in our system of criminal justice. Defendants who claim to be insane are individuals who openly admit that they committed the crime in question, yet they were either insane at the time, or are still insane at the present moment. Because of this, the claim is made that there are extenuating circumstances that lead them to commit the crime in the first place, and this should be considered in the sentencing phase of the trial. Because of this, there are times when a person is convicted of the crime, yet declared an instance and receive a lesser punishment that would an individual that were not deemed to be insane. The rationale is that because ...

Solution Summary

The following problem discusses the rationale for the insanity defense in sentencing crime.