Question

describe your thoughts on the pros and cons of using the plea of insanity, as a legal defense

Answer 1

Following are my thoughts on the pros and cons of using the plea of insanity, as a legal defense:

Pros of the Insanity Defense

Let us consider my state Florida for example. In a criminal case in the state of Florida, a defendant has the legal right to plead insanity regarding the commission of a crime. However, it is important to note that under Florida law, all persons are presumed to be sane. Therefore, the defendant must prove that they are not sane and bear the burden to do so with “clear and convincing evidence.” However, if a defendant can prove this in a court of law, they will be deemed insane, and therefore not responsible for their actions. Essentially a defendant must prove one of two things: they were not able to understand their actions or they understood the consequences of their actions, but could not understand that they were wrong. If a defendant can prove one of these two points in a court of law, they may receive the right to an insanity defense and avoid jail time.

Cons of the Insanity Defense

First, the burden to prove insanity is high. Additionally, the defendant must prove that the insanity existed at the time of the crime. There are instances where a defendant may attempt to claim “temporary insanity.” However, there is typically large skepticism from juries and judges regarding the attempt to plead temporary insanity. Television has warped many people from understanding that there are actually situations in which defendants truly were either insane or temporarily insane at the time of a crime. However, there have been some circumstances in which defendants have used this defense simply to escape punishment for their actions. Additionally, even if found to be insane or temporarily insane, a defendant may be remanded for an extensive period of time, or permanently, to a psychiatric facility instead of jail. Pleading insanity may not grant the defendant the freedom they seek.