Historical Overview of the Insanity Defense Essay Example for Free

Historical Overview of the Insanity Defense Essay The basic objective of this project is to be able to narrate the history of the creation and use of insanity defense. The theory of using insanity to defend those who are charged with serious criminal acts like murder has been espoused by the proponents of the insanity defense ever since this particular move gained popularity especially among lawyers who successfully defended their clients by winning lesser forms of penalties (sometimes, even early freedom) for their clients by pleading that their clients are insane upon the commission of the crime. The theory in the use of and management of cases where insanity defense is used is, according to George Fletcher (1978) is that the use of insanity defense forces the resolution of our doubts about whether anyone is ever responsible for criminal conduct (Melton, Petrila, Poythress, Slobogin, 2007, p. 774). The theory of the insanity defense is better explained in the MNaghten Rules of 1843 which was created after the attempted assassination of Robert Peel, then the Prime Minister of UK, involving yet again another insane murderer (which was not the first time in UK history). It says: at the time of the commission of the acts constituting the offense, the defendant as a result of a severe mental disease or defect, was unable to appreciate the nature and quality of the wrongfulness of his acts (Moriarty, 2001, p. 153). The following briefly outlines the significant developments in history leading to the establishment of the insanity defense as how it is known today – introduction, theoretical framework, history and the conclusion discussing the impact of the use of insanity defense. History Several notable individuals in history have made insanity as their excuse on why they were able to commit the crime(s) that they were accused of. But this is not to say that this has always been effective. For one, insanity defense was not recognized in some parts of the world in some points in time. Even if it was recognized, not all of those who opted for it was freed or was declared innocent. As early as the seventeenth century, there were already issues involving crime and insanity. For example, Dorothy Talbye was believed to be insane when she murdered her daughter in 1638, but she was not able to use the insanity defense because it was not recognized in the colonial Americas system of justice during that particular era (Rogers, 2008, p. 7). More than a century later, the isolation of the cases wherein insanity is involved and the eventual development of the insanity defense started with the creation of the Criminal Lunatics Act of 1800 which was ratified in the United Kingdom. This move was prompted by the rage expressed by the public after the judicial system in place for managing those who are considered mentally ill or insane resulted in the release of James Hadfield, who declared he was insane or mentally ill when he attempted to murder King George III (Moriarty, 2001, p. 164). Thinking that there are loose ends and potentially problematic areas in managing those who are charged with crime but who are insane, UK finally enacted the Criminal Lunatics Act of 1800. This was followed by the MNaghten Rules of 1843, which influenced many related laws and rules applied in the US justice system before further developments influenced significant changes in how the insane is persecuted or how the justice system accommodates the plea for insanity in defense of criminal charge (Moriarty, 2001, p. 165). Using the insanity defense to escape death was an option for those who are charged with murder not just in the UK, but in the United States as well. As the US justice system progressed, it also made several adjustments when it comes to handling the insanity defense, developments which either complimented/helped or countered the insanity defense. One example is the introduction of the â€Å"irresistible impulse† in the US justice system (particularly in Ohio) in 1834 which explains one side of the insanity defense that despite being aware that the action was illegal, there was still a commission of the act because the individual lost control of his or her action because of mental impairment. This feature has had its run in US but was not enforced in UK at all (Moriarty, 2001, p. 153). There were some developments during the next century after the idea of irresistible impulse was popularized in several court proceedings in the US. By 1954, there was the popular Durham Rule first featured in the United States Court of Appeals for the District of Columbia Circuit which focused on the characteristic of mental disease and defect leading to the insanity of the accused. But this particular aspect was getting fewer and fewer supporters that by the start of the 1970s it was very seldom used anymore (Mackay, 1995, p. 110). By 1972, the Brawner Rule replaced the Durham rule during the case of the United States versus Brawner in the US Court of Appeals in the District of Columbia Circuit, with the Brawner rule stressing that the Brawner rule reduces the jury role in the proceedings. This development, however, was not considered as a national precedent because it was a circuit case and not a case in the US Supreme Court. The relevance of this rule will be shadowed by the implementation of the Insanity Defense Reform Act of 1984 (Thompson, 2007, p. 114). The shift towards drastically reconsidering the design for managing those who are accused of murder but gets away with the plea of insanity in US, like in UK, required a high profile case involving an assassination attempt on an important political leader. In this case, it was the case of John Hinckley Jr. and his assassination attempt on the US president Ronald Reagan and his use of the insanity defense. Because of how easily it seems that Hinckley got away because of the loose ends the insanity defense manages to exploit, the changes in the law (Title 18, U. S. Code, Section 17) now requires those who will use the insanity defense to be able to prove convincingly that he or she is really severely insane (Thompson, 2007, p. 114). In 1986, there was a case in the US (Ford v. Wainright) wherein the impact of insanity defense was reflected once more. In this case, the person who was charged pleaded that he was insane. Because of this, he cannot be executed in lieu of the existing US common law on insane defendants and how this type of individuals cannot be executed even if they are implicated in cases that merit the death sentence (Thompson, 2007, p. 114). Conclusion: Impact of the Use of Insanity Defense When insanity defense became a popular tool for lawyers to use so that their client can have a lesser punishment, there were changes based on how the public as well as the lawmakers have reacted on this predicament. The 1982 Hinckley case prompted the creation of bills as well as initiatives for the insanity defense to be revised. The United States Congress was involved, as well as many local state governments. Media entity saw that this topic has captured the attention of the public, and wanting to know what the people think about it, several polls were conducted and it revealed the sentiments of the public that the use of insanity defense often meant that justice was not served and that because of this practice many guilty people are being set free instead of being punished (Melton, Petrila, Poythress, Slobogin, 2007, p. 774).

Mike Harris And The Ontario Conservative Party: Ceos Of The Year? Essay

Private universities, private jails, private health-care and private water testing. What do all of these things have in common? They are all services the Tory government in Ontario has been trying to privatize with some disastrous results and possibly more to come. The Ontario government, lead by Progressive Conservative leader Mike Harris, has been slowly trying to do away with services that are currently administered by the province. The ideology in question, privatization, has been a hallmark of the Common Sense revolution. But so far the Tories have been slow to make a success of it. Attempts to privatize the Liquor Control Board and TV Ontario were put on the back burner because of low public support. As well, privatizing hydro utilities has already led to charges of price gouging. But by far the biggest headache is coming from the public outcry over the deaths from the E-coli outbreak in Walkerton, Ontario. Regardless of who the Tories look to blame, the issue continually keep s coming back to the privatization of water labs by the province. Yet now, with these other efforts stalled or creating political turmoil, the government is pushing ahead with its prison agenda. The first of the new â€Å"superjails† will be opened in Penetanguishine, a small rural community north of Toronto. This jail is slated to be home to the province's first privatized superjail and the issue has created a storm of controversy. In November of 1999, the Ministry of Corrections announced that the new 1200 bed facility would be turned over to the private sector, contrary to what the municipality had been previously told. Wayne Redditt is a member of a local citizen's committee opposed to the privatization venture. â€Å"The municipality entered into this deal because they thought they were going be getting a lot of good paying OPSEU (Ontario Public Sector Employees Union) jobs. People were told it was going to be a publicly run facility. Then after the election we are told that it will be private. People here didn't expect to be treated like guinea pig.† The Ministry of Corrections has defended themselves by stating there will be a strict code of standards im posed before private corporations are allowed to take control of the prisons. They have gone on to say that there will also be constant monitoring of the prison by ministry officials. This had done very little to quell public fear ... ...t money and then taking your house if you don’t pay it back? Will there be two lines in the emergency room; One for the wealthy who can swipe their credit cards and one for the â€Å"others† who will use their health cards? Since these services have felt the pressure, you can be sure that it won’t be long before other important and crucial services in this province feel the pinch. In essence, if private corporations are going to be running all the services that the province of Ontario used to run, why bother having a provincial government? Maybe some day soon we’ll all be electing a CEO and not a premier. Bibliography 1. Redditt, Wayne. Interview. HighGrader Magazine Summer 2000 2. Scanlon, Barry. Press Release. OPSEU Website Sept. 7, 2000 3. Dawe, Brian. Interview. HighGrader Magazine Summer 2000 4. Daniels, Mary Lou. Press Release. OPSEU Website Dec. 03, 1999. 5. Casselman, Leah. Press Release. OPSEU Website May 26, 2000. 6. MacDougall, Doug. Press Release. OPSEU Website Aug. 08, 2000 7. Cunningham, Diane. Interview. Ministry Website (Hansard) October 2000. 8. Casselman, Leah. Press Release. OPSEU Website June 23, 2000. 9. Taylor, Darryl. Press Release. OPSEU Website Sept. 21, 2000.

Grapes of Wrath Journal Essay

Connection (Family) As the Joads ride on their journey to California, they travel as a whole, one unit, one family. And on one night they camp off the side of the road, and run into the Wilson’s, creating and merging into one large family, with one goal in mind, reaching California. But as the days of traveling continue, the family struggles to stay intact due to obstacles such as the staggering heat, lack of money, automobile breaking down, doubts brought upon by people who have been in California, and even death. But Steinbeck defines â€Å"family† as a unit with members who think of other members before themselves, and Ma expresses this idea clearly with Granma’s death. The Joads have a connection where each member truly has someone to have their back when in need. Tom shares this with Casy and Al, Ma and Granma, Pa with Granpa and Uncle John, Ruthie and Winfield, Rose of Sharon and Connie, but then there’s Noah who doesn’t feel the same love which is one of the rea sons that persuades him to depart from the family. They also have a structure in which Tom, Pa, Al, usually make family decisions and the eventually the final verdict is given to Ma. Overall, family is suppose to take care of each other when in time of need and work as one rather than individuals. Adaptation (Positives and Negatives) With the family traveling together, it’s evident that migration is a change that is supported and has to be overcome. And although the outcome of migration is suppose to be glorious, the journey to achieved the so call promise land gives the family a brutal beating of struggle, hunger, and even death. Granpa and Granma died due to lack of health and high heat, but then again the conditions were somewhat the same in Sallisaw. Then there was also the death of the Joads dog. With migration, the Joads needed leaders and this is where characters such as Tom and Ma come into play as the heads of the family. Tom in a way leads the men, especially Al, and Ma leads Granma, Rose of Sharon, and the kids. To conclude, adaptation or migration changed characters into leaders to lead the family to California but at great costs and struggle. Compassion Compassion is taking pity or seeing those in need and taking action in anyway possible to help them overcome their problems and obstacles. In Chapter 12, a general chapter, a story of a family of 12 who were forced off their land and had to carry their belongings in a trailer, waited on the side of the 66. They were eventually hauled by a man who took them to California and fed them. This act by the random stranger is compassionate because he sees the family in need of help and no way to get to California and offers to take them and even feeds them. It’s one thing to feed 4 or 5 people but 12, it must come from the heart. With the Joads, they do the same with the Wilson’s but the Joads are less compassionate because they use them for their car to ease the weight from their own car. Then there’s also the part where a man enters a diner and begs for some cheap bread and the worker is pressured by the cook to be compassionate and give the man bread at a discount. Another example of being compassionate is when Tom comes back from his venture for a con rod with Al and Casy and meets up with the family at a campsite but are forced to leave. When Tom leaves, he walks by a women cooking and comments on how he’d like some. The woman smiles and says when the foods ready, he can have some. Throughout the journey of the Joads we see that food is scarce yet this woman offers to share. And the final example is when the Joads decide to cross the desert leading to California and at the same time leaving the Wilson’s behind. Pa leaves behind cooked food and money for them, knowing how hard their desert journey will be. We see a sweeter side of Pa rather than the serious and quiet Pa that is usually portrayed. Overall, compassion is still around even with such devastation surrounding folks due to the dust bowl and overproduction causing foreclosures, the AAA telling farmers what they can’t farm. Many have lost their homes, land and past life, but some still have their heart. Symbols (Biblical Allusions) One thing that made be think of any biblical symbols or allusions that Steinbeck could have used was when the Joads formally entered California just after running over a snake. The snake part gave it away due to it usually referring or having to do with the devil along with the desert part. When the Joads spent a night traveling over the feared desert, it made me  think what they went through so far. They lost Granma, Granpa, their dog, and separated from Noah. They were traveling by force through the desert on a low budget, with little food, heat anxiety, and were crowded in their old jalopy truck. With the desert, what comes to mind is the desert that Jesus traveled through for forty days and forty nights, and as he traveled he was tempted numerous times by the devil. And one thing to keep in mind is that God forced Jesus to walk and pray in the desert. As Jesus was forced to travel in the desert so were the Joads by the officer. I see the temptations as the conditions that the J oads were traveling with, lack of food, heat, little money etc. Just like the temptations from the devil, and the conditions of the Joads, they were suppose stop them from continuing on with their journey and to give up. But instead just like Jesus did, the Joads overcame the desert and won against the devil and that’s where the running over the snake comes in. Antagonists (People along the 66) Throughout the section, businessmen, state officials, land, and migrates who have been in California add on to the already challenging journey to California with their sound business, anti-farming seizes, mountains, discrimination, and doubts. In chapter 12, a tire store raise their prices because they know it’s an essential for family to keep going, and in this case, the salesman lies to the customer about the condition of a tire just to get an extra buck. Throughout the journey, the fear of high slopes and the desert scare the Joads and Wilson of stopping them from reaching the promise land. And along with the fear of nature not playing on their side, the Joads hear all the same stories of California not being what people thought it would be like. One man tells them that jobs are in a sense free labor or slave like work because so many are migrating to California giving an abundance of workers to employers, giving the the chance to give them whatever wages and they want. The re’s also stories about not being able to farm or touch any fruit on trees, stories that it’s not worth going. The Joads meet a couple of families who were heading back home east, away from California. With these stories and testimonies, it’s hard for the Joads to have confidence and faith in their journey and destination. Characterization (Tom) In chapter 13, when Tom pulls alongside the road where a family is camping,, the Wilson’s, he politely asks if they have permission to camp along with them, even though the strip of land wasn’t under their ownership. With this action we see how kind hearted and friendly Tom is even though he killed a man. Another example depicting his traits is in chapter 16 when he proposes a plan that will split him and Casy from the rest, in order to fix their truck and have the others move along. His proposal and plan show his leadership skills. Another example is when he attacks the one eyed man for giving up on life due to losing his eye. Tom expresses his opinion that whatever defects or disadvantages a person has that they should make the best of it. Overall we see Tom as a generous, kind hearted, leader, that believes everyone has the opportunity to make something out of themselves. Quote a Passage (Unity) â€Å"When this family meets another family on the highway, they share their stories of loss†¦ For here ‘I lost my land’ is changed†¦ ‘We lost our land.’† (193). This quote is significant because it expresses the idea of unity that pushes the migrates to move as ahead as one. They share a common tragedy, the heartbreak of losing their land, home, or farm. A large part of the country is the same position, a dilemma, and the only solution is to head out west. And to do so, Steinbeck helps portray the families migrating as one by using â€Å"we† and â€Å"our† and if they want to achieve their prosperity, they must not only have the same issues but work together to solve those issues. In a way, the havok laid upon by the dust bowl, foreclosures, and overproduction can’t be solve by one individual but by the aid, work, and cooperation of many.

The True Woman s Slavery Essay - 1268 Words

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