StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Civil Committment and the Mentally Ill - Essay Example

Cite this document
Summary
Running Head: Civil Commitment and the mentally ill Civil Commitment and the mentally ill [Author’s s name] Civil Commitment and the mentally ill With the passage of time litigation procedure has become increasingly convoluted in order to ensure that every individual tried and sentenced effectively and fairly…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
Civil Committment and the Mentally Ill
Read Text Preview

Extract of sample "Civil Committment and the Mentally Ill"

Running Head: Civil Commitment and the mentally ill Civil Commitment and the mentally ill s [Course name] [Date] Civil Commitment and the mentally ill With the passage of time litigation procedure has become increasingly convoluted in order to ensure that every individual tried and sentenced effectively and fairly. This objective is achieved by incorporating scientific knowledge to deliberate upon cases and out of all the scientific methods of research, psychology and psychiatry have been a major contributing factor on a legal front and forms the basis of the insanity defense.

In criminal trials, insanity defense refers to the defense plea adopted by the defendant as a plausible argument that exempts them from criminal liability as they were legally insane during the commission of the crime. According to a study quoted in Waterloo Cedar falls Courier about 1% of the defendants, who are charged with a felony use the Insanity Defense in order to evade punishments or any legal repercussion as a result of the crime in the United States. And out of this 1%, only one-fourth of the people are successful in getting exempted from legal trial.

After the defendant raises the insanity defense, the judge commits them to a competence examination, in order to check the validity of their claims. These evaluations are carried out in proper medical and psychological facilities and the individual is put through countless tests and the defendant’s social history is assessed. (Greene et.al, 2006, p. 222) Over the years, the insanity defense has attracted a huge amount criticisms and controversies regarding its applicability and due to lack of development in this area.

The most critical aspect that is raised by the insanity defense is the fact that it does not incarcerate dangerous criminals but send them off to a hospital facility, where they are given treatment and eventually frees them. As mentioned earlier, the field of psychology is still in its embryonic stage and it is very easy for individuals to fake symptoms to evade punishment or may suppress their symptoms for a while so that they can easily be let off. The case of E.E. Kemper III epitomizes this aspect of the argument, whereby he was convicted for murdering his grandparents and then spent five years in a facility for the criminally insane.

He was given proper counseling and was released in 1970; later he petitioned to seal his psychiatric record and considering his condition, his plea was accepted. What was not known to the authorities by then was the fact that Kemper had murdered his mother and seven other women, in a very hostile manner since the time of his release. Kemper’s example is ideal for demonstrating that how easy it is for criminally insane people to fake and put on a normal front, which helps them to escape the repercussions.

(Greene et.al, 2006, p. 243) Secondly, psychological screening and testing is extremely expensive and eventually the defense of insanity is only reasonable for people who have the money to afford. In this regard, many people who do not have the money and yet committed the crime due to insanity may actually be held legally liable. Furthermore, since psychiatry and psychology are pseudoscience and have no tangible evidence to substantiate the claims; heavy reliance on these aspects is heavily criticized by legal analysts.

Considering the aforementioned criticisms of the study are the major limitations when it comes to psychological screen an individual pleading guilty for reason of insanity. The most fundamental difficulties involve the cost factor of the tests and psychological screening, the fact that the field of psychology and psychiatry is still underdeveloped and also that it is very easy for people to fake symptoms or pretend they have overcome the symptoms. These aspects of this defense make it a very befuddling concept and it is one of the main reasons as to why many legal analysts may not be in favor of the argument.

Legal experts and psychologists have been working very hard to do further researches in to the matter; however, so far the defense of insanity is a mere legal loophole and may have no substantiality for numerous experts. References Greene, E et.al. 2006. Wrightman’s psychology and the legal system. Cengage Learning: P.p 222, 243 Magee, D. 2009. Defense of insanity rarely used, rarely works. Waterloo Cedar Falls Courier.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Civil Committment and the Mentally Ill Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from https://studentshare.org/other/1414327-civil-committment-and-the-mentally-ill
(Civil Committment and the Mentally Ill Essay Example | Topics and Well Written Essays - 500 Words)
https://studentshare.org/other/1414327-civil-committment-and-the-mentally-ill.
“Civil Committment and the Mentally Ill Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/other/1414327-civil-committment-and-the-mentally-ill.
  • Cited: 0 times

CHECK THESE SAMPLES OF Civil Committment and the Mentally Ill

New York State Mental Hygiene Law - the Need for Involuntary Medication

In most cases, this treatment is seen in mentally ill patients especially those who are deemed by the court or by mental health professionals as dangerous (Kallert, et.... This law ensured the involuntary commitment and treatment of individuals following court determination of the mental illness, even without the consent of the individuals deemed mentally ill (Carpinello, 2005).... Harper, a mentally ill inmate filed a case questioning the practice of correctional systems administering antipsychotic drugs to inmates without...
11 Pages (2750 words) Research Paper

Dorothea dix crusader for the mentally ill

Over the course of her career she had several professions including author, teacher, lobbyist, and superintendent of nurses during the civil war however, she became best known as a social reformer who dedicated much of her life to the mentally ill and those in prison (Brown, 1998). … Her early life was not a happy time for her since her mother was often ill and bedridden.... It was here that she observed patients being treated with dignity and respect, and it is thought that she formed many of her beliefs associated with compassionate care and proper treatment for the mentally ill (Herstek, 2001)....
4 Pages (1000 words) Term Paper

Involuntary Detention of Patients Suffering from Mental Health Disorders

hellip; Involuntary detention presently benefits neither the mentally ill, nor the public at large, whose safety is not enhanced.... Ideally, the practice of involuntary commitment would evolve as a balance between civil freedom and the need to care for those who could not adequately manage their own safety. There is an increasing interest in an international code of ethics and set of standards for the use of State and professional power to care for individuals with mental illness (Belkin, 2004)....
15 Pages (3750 words) Essay

The Efficacy of Police Training When Dealing with Mentally Ill People

These men defuses the situation, and ensures that the person with mental illness is dealt with properly with either the provision of an appropriate medical/psychiatric care, civil certification and hospitalization or appropriate arrest and detention with psychiatric evaluation.... The law enforcement betrothed in today's society persistently provide citizens with services that go beyond imposing laws, maintaining public safety, peace and order....
10 Pages (2500 words) Essay

Compulsory civil admission

Such legislation would diminish inexcusable legal discrimination against mentally disordered persons and pertain to reliable moral or ethical principles athwart the medical... The propose of legislation that combines the strengths of both incapacity and civil obligation designs can be enthusiastically anticipated, based on the criteria for interference in England and Wales found in the Mental Capacity Act 2005....
13 Pages (3250 words) Essay

ANALYSIS OF SEX OFFENDER MANAGEMENT PRACTICES

Residency restriction laws and civil commitment of violent sexual predators currently emerged as two of the most hotly debated issues relative on anti-child sex offending measures.... On the other hand, civil commitment refers to the legal process by which a person, alleged to be suffering from mental disorder, may be ordered confined by the state even without consent....
11 Pages (2750 words) Research Paper

Management of Mentally Disordered Offenders

The article focuses on the mentally disordered offender; that is, individuals who have a mental disorder and who have also committed acts that triggered intervention by the criminal justice system.... The paper "Management of mentally Disordered Offenders" describes that it is important to assess the ways in which other countries have amended laws, policy and provisions.... Although many mentally disordered individuals may commit criminal acts, not all of them are brought to the attention of criminal justice authorities....
10 Pages (2500 words) Literature review

Civil Commitment and the Mentally Ill

"Civil Сommitment and the mentally ill" paper analyzes the imprisoned people, possessing mental diseases, and their behavior in terms of the applied punishments.... the mentally disordered person can hardly be understood by modern society, that is why it is very important to notice the abnormality of his behavior in time and to provide him with the necessary medical support.... Sometimes, even mentally healthy people become victims of bullying and blaming....
6 Pages (1500 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us