Question

What impact does the insanity defense have on the criminal justice system? (Provide reasons)

Answer 1

Insanity defence does not hold the defendant responsible for his criminal actions. But supports the fact that the crime has been committed by a mentally ill person who is not responsible for his own actions because the action is committed by an insane person. Such a person cannot distinguish between what is right and what is wrong. Hence, this person is not found guilty because of an unsound mind. Such a person is given perm8ssion to complete the sentenced term after undergoing the required psychiatric treatment.

A mentally ill person does not have a free will. It is therefore considered that any criminal action done by this person is unintentional. However it is difficult to defend the legal insanity defense in court. The psychiatrists have a major role in assessing and proving the legal insanity in courts. Due to this reason the field of forensic psychiatry has got a high importance. Forensic psychiatrists assist the courts trials in determine the loss of reasoning of the defendant.

Insanity defense is a very risky affair and sometimes used only as an excuse. This generate a strong argument against it in the basis of morality to avoid the liability if the committed crime. If a guilty person is defended based on insanity it may generate a feeling of vengeance in the victim and his family. The public might sometimes loose the trust on legal system.