Defense in a Criminal Case - Essay Example

Insanity Defense Mechanism al affiliation The conviction of defendant requires evidence that is beyond a reasonable doubt to prove the defendant guilty of the charges. Different defense mechanisms exist and are mainly applied by the lawyers to try to earn their clients freedom or a reduced sentence (Ralph, 2002). The insanity defense mechanism is one of the methods used and has led to freeing of some of the offenders in cases related to murder. The defendant or the lawyer purports that the defendant committed the crime but did not have the understanding that the act was wrong or never had control of his or her behaviors.

Despite the many perceptions to uphold the insanity mechanisms as a form of defense, defendants hardly enter pleas of being not guilty. After examining the defendant, the psychiatrist produces the testimony to the judge or magistrate who determines the verdict (Mariorty, 2001). However, freedom is not ultimately earned when the judge determine that the accused is not guilty rather a further consideration on the favor of the defendant usually affect the sentence if administered. The defendant is directed to a mental hospital until the allegation of insanity is medically proved, which requires time and may give the convict a chance to escape from the law.

Defendant in some instances pretends to be hostile. The main purpose of pretense is to prove to the judge that the defendant is not guilty. In some instances, the defense works when proven by a psychiatrist appointed by the court. As a result, the defendant must ensure that the psychiatrist report is positive about his or her insanity contrary to which the offender faces the full consequences. Reference Slovenko, R. (2002). Psychiatry in law/law in psychiatry.

New York: Brunner-RoutledgeMoriarty, J. C. (2001). The insanity defense. New York: Routledge.