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Anti Insanity Defense Essay Research Paper Attacks — страница 2 | Referat.ru

Anti Insanity Defense Essay Research Paper Attacks — страница 2

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is unsound in its view of human psychology. Psychiatry, it is argued, views the human personality as an integrated entity, not divisible into separate compartments of reason, emotion, or volition (Herman, 1983;138). Additionally, the test is criticized for defining responsibility solely in terms of cognition. While cognitive symptoms may reveal disorder, they alone are not sufficient to give an adequate picture of such a disorder or determine responsibility. Also, it has been shown that individuals deemed insane by psychologists have possessed the ability to differentiate right from wrong. I believe that the major weakness of this test, however, lies in the fact that courts are unable to make clear determinations of terms such as disease of the mind, know, and the nature and

quality of the act. The Irresistible Impulse Test This rule excludes from criminal responsibility a person whose mental disease makes it impossible to control personal conduct. Unlike the M’Naghten Rule, the criminal may be able to distinguish between right and wrong, but may be unable to exercise self-control because of a disabling mental condition. Normally this test is combined with the M’Naghten Rule. Many of the criticisms of the Irresistible Impulse Test center around the claim that the view of volition is so extremely narrow that it can be misleading. Just as the M’Naghten Rule focused on cognition rather than the function of the person in an integrated fashion, the Irresistible Impulse Test abstracts the element of volition in a way that fails to assess a person’s

function in terms of an integrated personality. Additionally, it has been asserted that the concept at best has medical significance in only minor crimes resulting from obsession-compulsion, and that seldom, if ever, can it be shown that this disorder results in the commission of a major crime (Seigel 1993;144). Such a claim is subject to the objection that it cannot be conclusively proven. Interestingly, it has been shown by many psychiatric authorities that no homicidal or suicidal crime ever results from obsession-compulsion neurosis. Another criticism of this test is the difficulty, if not the impossibility, of proving the irresistibility of the impulse, which the definition of the test requires. The jury, as I said earlier, has the final decision, and is faced with deciding

when the impulse was irresistible and when it was merely unresisted, a task that psychiatrists suggest is impossible to perform. We are also able to argue that the test is one of volition. It is too narrow in that it fails to recognize mental illness characterized by brooding and reflection (Herman 1983;140). The test is misleading in its suggestion that where a crime is committed as a result of emotional disorder due to insanity, it must be sudden and impulsive. The Durham Rule The Durham Rule, also known as the Products Test, is based on the contention that insanity represents many personality factors, all of which may not be present in every case. It was brought about by Judge David Bazelon in the case of Durham v. U.S. who rejected the M’Naghten Rule and stated that the

accused is not criminally responsible if the unlawful act was the product of mental disease or defect. The primary problem with this rule of course lies in its meaning. Again it is impossible for us to define mental disease or defect, and product does not give the jury a reliable standard by which to base a decision. It is unnecessary to offer further criticism, for my purpose I believe this attempt fails at it’s onset. The Substantial Capacity Test Another test is termed the Substantial Capacity Test which focuses on the reason and will of the accused. It states that at the time of the crime, as a result of some mental disease or defect, the accused lacked the substantial capacity to (a) appreciate the wrongfulness of their conduct or (b) conform their conduct to the

requirements of the law. This test is disputable in the fact that it is not only impossible to prove capacity of reason or will, but to even test such abstracts seems absurd. Additionally, the term “substantial capacity” lies question in that it is an abstract impossible to define. INSANITY: HOW IT IS ESTABLISHED The meaning of insanity is the legal definition as put forth in a rule such as the M’naghten Rule or whatever school of thought is in use on any given day. The legal test is applied in an adversary system which pitches lawyer against psychiatrist and psychiatrist against psychiatrist. Because of this, the psychiatrist is often perceived not as a scientist but a partisan for the side which is paying for his testimony (Jeffery, 1985;56). The major problem in this