Not Guilty by Reasons of Insanity - Assignment Example

TEST QUESTIONS1) In determining whether a person is guilty of a crime, there are at least two elements that must be proven as true. Identify these two elements mentioned in the readings and define each one.2) Discuss the two insanity defense standards, M’Naghten and American Law Institute (ALI).3) In the case State vs. Jeffrey Dahmer, identify at least three medical and psychological tests conducted on Dahmer and give the complete diagnosis.4) Identify at least 3 points of concerns that gives rise to requests for insanity defense reforms.5) State the differences between Not Guilty by Reasons of Insanity (NGRI) and Guilty but Mentally Ill (GBMI) plea.6) Give the three conditions that have to be met before a verdict of GBMI can be given.7) Discuss the effects of GBMI on the number of insanity acquittals in Michigan, South Carolina, Georgia and Illinois in general.

Why do think such results were produced?8) Five states have already abolished the use of NGRI namely Montana, Idaho, Utah, Nevada, and Kansas. Do you think that other states should follow as well? Why or why not?9) Discuss what happens in post-acquittal confinement.10) Briefly discuss the Conditional Release Program for NGRI acquittees.ANSWER KEY1)Actus Reus (The defendant engaged in prohibited conduct or committed the criminal act in question.)Mens Rea (The defendant performed a prohibited act with criminal intent.)2) The ALI standard states that in cases of a criminal act where the person commits such act because of a mental disease or defect that renders him lacking considerable ability to understand the wrongfulness of his actions or to fit his behavior to the requirements of the law, he bears no responsibility for such action.

On the other hand, M’Naghten standards require evidence of inability of the defendant to know the nature or quality of his act or that he is unable to know or recognize the wrongfulness of the act, resulting from a mental disease or defect.3) Tests: EEG, CAT scan of brain, Chromosomal analysis, WAIS-R, Rorschach, MMPI Diagnosis: Mixed Personality Disorder with strong psychopathic and sadistic features 4) - insanity defense may be overused - insanity defense is used just about exclusively in scandalous crimes - people acquitted with Not Guilty by Reasons of Insanity(NGRI) are quickly released - people acquitted as NGRI are dangerous because of their mental disorder/defect 5) In NGRI the defendant is considered “not guilty” of a criminal act if he is able to met insanity defense standards.

Civil proceedings and not criminal punishment, is applied with regard to their confinement.In GBMI, it is more of an outcome, rather than a defense, that implies the guilt or criminal culpability of the defendant and therefore criminal sanctions and punishment, including imprisonment, apply to him. Saying that he is “but mentally ill” only indicates an existing mental disorder during the offense and/or judgment and does not lessen his guilt and criminal responsibility.6) a) The defendant, proven beyond reasonable doubt, has committed the actb) The defendant, beyond reasonable doubt, was aware of the nature, quality, and wrongfulness of the actc) The defendant, beyond reasonable doubt, had a mental disorder which significantly impaired his ability to act in accordance/conform his conduct to the requirements of the law7) There was no significant reduction in insanity acquittals following the adoption of GBMI in the following states.

Although in Pennsylvania and Georgia, NGRI acquittals were lessened. (Subjective answers are expected for the follow-up question.)8) Subjective answer is expected.9) Those acquitted as NGRI are confined for treatment in the forensic ward of a mental hospital. Psychiatrists are then assigned by the court to determine the progress of the patient and whether he has recuperated and regained his sanity.10) Conditional release program ensures a thorough monitoring of insanity acquittees. A person who becomes eligible for release has his case reviewed by a multidisciplinary committee or a psychiatric security review board.

A decision for release is based and dependent on a set of conditions that the individual must follow to reduce danger to him. The individual is then watched and observed in the community. Failure to meet the set conditions will lead to his return to a 24-hr facility.