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In the opening story of the text, we pointed out how difficult it is to define abnormal behavior. The issue becomes even more complicated when questions are raised in a court of law about a defendant's mental condition at the time he or she is alleged to have committed a crime. When the defendant pleads "not guilty by reason of insanity," the court must assess his or her mental condition. The issue of insanity is decided by a judge or jury after listening to testimony of experts, who are usually psychologists or psychiatrists.
It is important to remember that in a court, the concept of insanity is legal rather than psychological. The insanity plea is used in situations where the defendant is judged to be incapable of knowing right from wrong because of a mental disorder. Although psychologists may examine the individual and testify in court, the final decision is a legal one, made by the courts based on legal precedent. As you are probably aware, even the experts are not in agreement over insanity as a legitimate defense. In some cases, insanity is used as a means to avoid prosecution. Normally, if one is judged insane, he or she is committed to a mental hospital until cured. If later judged sane, he or she is set free, sometimes after only a light sentence. One proposal is to replace the verdict of "not guilty by reason of insanity" with the verdict of "guilty but mentally ill." Individuals found "guilty but mentally ill" would be given the proper psychotherapy to treat their mental disorders, and when they were judged sane, they would be returned to prison to complete their sentences (Bumby, 1993). A related issue is the ability of the defendant to stand trial. In order to be brought to trial, an individual must understand the charge against him or her and be able to prepare a proper defense with a lawyer. Many times, instead of standing trial, the defendant is judged "incompetent to stand trial" and is committed to a mental institution for treatment. After being confined for a period of time, he or she is released if judged competent. Unfortunately, it is difficult to predict the future behavior of such a person. More research needs to be conducted on the application of psychological determinations to legal proceedings. |
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The Insanity Defense
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