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Contempory Issues-Insanity Defense - Assignment Example

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Contempory Issues-Insanity Defense

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.
7) 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.)
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 ...Show more

Summary

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,…
Author : russelstan
Contempory Issues-Insanity Defense essay example
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