Thursday, March 4, 2010

Insanity defence

I do not think that it is a good law, solely because although ones may suffer from certain health issues. Even though some people are unaware of there actions or think differently from right or wrong, they should be treated but also punished for there actions or they will never learn. If someone who carries a medical history that could be claimed to be a factor of them committing whatever they did, they should be treated for it. But if they committed a crime, they should be punished and not let "off the hook" because of certain health issues, or they will never learn from there wrong actions. Insanity can be considered in criminal cases but should be carefully looked into, if someone uses insanity as a defence it should be greatly looked into, such as previous record, health record and previous offences. Although insanity can be pleaded, the actions of the person should be punished. Not matter what. Insanity should be based on previous health records, if they carry the signs of insanity and the previous health record can support the theory then it should be set, but if not then it should not be used. On the Andrea Yates case, her previous records show signs of insanity, and before her children she was highly successful and knew formally right from wrong, in this case she killed her children to "save them" and wasn't harshly punished for it because it was a result of insanity. I think that she should be punished, she should have jail time for life, and pay the consequences of her actions but as well receive treatment to help her mental state. This was she receives help for her illness which has previously been used yet failed in this case, but she is also paying the time for her wrong and cruel actions, although her life would be affected completely, we must understand that she affected five other lives that never really was given a chance to experience life, in her case she did. She should not be killed because its very contradictioning, because she killed someone she shouldn't be killed for it, yet harshly punished, she ruined five lives, and her one should should be as well.
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5 comments:

  1. t-clutchMarch 4, 2010 at 7:13 AM

    I personally disagree with your view of the defense. If they are sick in the head and they commit many crimes, they can be treated in a mental institution.

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  2. KwowwMarch 4, 2010 at 7:17 AM

    and then possible commit them again....? yaaaa

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  3. DJ torstaceyMarch 4, 2010 at 7:21 AM

    I don't think they are really "let off the hook". How can you punish someone if they didn't know they were doing something wrong? Like with little kids, what if they color a picture on a really important document. Can you punish them if they cant read and didn't know its importance? Or can we punish care for flipping the bird if she doesn't know what it really means? Andrea believed she was saving them from hell. Even though she killed them, she thought it was the best thing for them. I think people like this need treatment and once they learn how horrible their action was, they will have to live with what they did and what kind of person they were. I think for unstable people that is a punishment and would be hard to go through for anyone.

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  4. mFoxMarch 4, 2010 at 7:22 AM

    This is good.







    kinda

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  5. KwowwMarch 4, 2010 at 7:23 AM

    they should recieve treatment yess, but should also serve punishment only because they have to learn from there actions, while recvieving treatment they should aslo face a punishment such as a fine, parol or community service something, they should not jus be treated and not pay for there wrong actions

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