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Insanity defense and its importance in the American criminal justice system. What are some ethical issues?

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Solution Summary

Insanity defense and its importance in the American criminal justice system is ethically evaluated. The ethical issues are provided. Three references are given.

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First of all, as you argue why the insanity defense is vital in the American criminal justice system, it is a safeguard to ensuring that mentally ill defendants are also protected since they, too, have moral and ethical rights as people. When you define it, experts show that it typically refers to "a plea that defendants are not guilty because they lacked the mental capacity to realize that they committed a wrong or appreciate why it was wrong" (http://www.washingtonpost.com/wp-srv/local/longterm/aron/qa227.htm).

As you show why we need to keep an insanity defense in our country, research also shows that it has legal as well as humanistic benefits. Legally, it is "an attempt to impose a moral check on a system largely designed to weigh facts and evidence. Thus, it allows ...

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Stacy Shaneyfelt, MA
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  • MA, Slippery Rock University
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