Topic > History and effectiveness of the insanity exception - 956

In 1843, testifying that one is insane became a useful defense. When Daniel McNaughtan attempted to assassinate British Prime Minister Robert Peel, he failed. Instead, McNaughtan killed Peel's secretary but was found not guilty by reason of insanity at trial. The United States criminal justice system quickly adopted this new law of not guilty by reason of insanity, established by the McNaughton Decision. Although he was found not guilty, McNaughtan spent twenty years in an asylum until his death. While useful for truly insane criminals, the insanity charge has many flaws when it comes to victims. The declaration of insanity should be prohibited because it is unfair to the families of the victims, dangerous for society and ambiguous in its interpretation. One flaw of the insanity plea is the way in which victims and their families are affected. For example, on March 21, 2010, Kathy Powell, the mother of 21-year-old Taylor Powell, brutally murdered by Jarrod Wyatt outside Klamath, Oregon, claimed that the suspect's recent insanity plea was a complete lie. Ms. Powell said she knew little about what happened that night, but expressed frustration with the defense's efforts to suggest that her son somehow instigated the fight that led to his death. Wyatt, 26, was charged with murder, aggravated mayhem and torture. He entered a double plea of ​​not guilty and not guilty by reason of insanity. In addition to the family's devastation, they are also particularly concerned about Taylor's brother, Andrew, who learned of the killing while serving with the U.S. Army's 101st Airborne Unit in Afghanistan. Kathy Powell said that up until the day of the killing the family had always been most concerned about Andrew's safety in a war zone, and said it was shocking the... middle of paper... the addition of the wounding congressman and premeditation, his illogical state of mind has been questioned. A diagnosis of mental illness would have satisfied the insanity requirement, yet Loughner's premeditation defies McNaughtan's insanity law. When the United States adopted and interpreted insanity, it did not take into account cases like that of Jarrod Loughner. Where the accused is crazy but also premeditated the crime. In addition to its ambiguous interpretations, there is a clear danger to society after criminals are released from hospital. Although the criminals have served their sentences, the families of the victims are still without closure knowing that the person who harmed their loved one has escaped due consequences. The insanity charge was useful when it was first implemented, but now its flaws are clear and obvious.