It was a clear night in London, Ontario. Twenty year old Mary Hicks was sleeping peacefully in her apartment. She was in her last year, studying at the University of Western Ontario, when suddenly, tragedy comes her way. That very morning of October 19th, 1973, Hicks was pronounced dead. She was found lying in her bed, still in a natural sleeping position . There were no signs of struggle nor any hint of forced entry in her apartment; it was as if she was untouched. Mary Hick’s death was ruled by apparent natural causes and nothing was thought of it again. A few years go by and the incident is forgotten. In 1978, Russell Maurice Johnson was arrested for the murder of three women. It was this trial that he admitted to the murder of Mary Hicks, the first of many of his victims. Johnson is responsible for the deaths of seven women between the years of 1973 to 1977 and is suspected for an additional ten deaths (http://murderpedia.org/male.J/j/johnson-russell.htm). He was given the name “The Bedroom Strangler” for his victims were all suffocated in their sleep. This serial killer was able to go a long time without getting caught, keeping his victims’ families unsettled. At Johnson’s trial, …show more content…
There is no true way to measure insanity; over the years, these tests that have been developed to measure illness have failed over and over again. Today, the insanity defense is not consistent from one defendant to another. The states of Idaho, Kansas, Montana, and Utah do not permit the use of the insanity plea. The legal standard varies across other states, so a ruling of “not guilty by reason of insanity” may apply in one state but not in another for a specific case. Results of a case is based solely on the defendant’s impression on the jury and what expert testimony is given which allows for an unfair legal system. The inconsistency of this standard is why it should be taken
Not Guilty by Reason of Insanity (NGRI) is a form of insanity defense that allows for an individual to not be found guilty of a crime due to a mental defect or disease that results in a lack of mens rea, or the capability to intentionally commit a crime. However, simply having a mental illness or defect does not guarantee that an offender will be found NGRI. Not only would a defendant have to have a major or severe mental illness or disease, but the defendant would have to prove that their condition impaired them so greatly as to not have any control over their behavior or any concept that they had done anything wrong at the time of the offense. Although Bob undoubtedly had a diminished capacity for logic and reason in this case, the example as given does not provide enough detail to determine the nature of Bob’s personality or his potential motives in committing this crime. Nevertheless, there is one major flaw to Bob’s insanity defense: he tried to hide the crime.
In 1836, the gruesome death of a prostitute encaptivated the public eye and began a newspaper frenzy that centered on a morbid fixation of the life and death of Helen Jewett. Patricia Cline Cohen's The Murder of Helen Jewett pieces together the facts of Helen's life and death in an attempt to describe gender inequality in America by giving a meticulous account of life in the 1830s. (Insert small biography) Around three in the morning on Sunday, April 10, 1836 Rosina Townsend, the madam of the brothel, was spurred from her bed at the south end of Thomas St by a man knocking on the front door.
Each state sets its own standards and many follow the same set. In 1843, the M'Naghten rule was created, declaring insanity as not being able to decide if an act is right or wrong because of a mental disease (WGBH, 2014). Another rule that many states follow was created in 1962 and states that “if the defendant does not have remorse of the wrongfulness of the act or they act on an irresistible impulse” (WGBH, 2014) they will be treated as insane in the eyes of the court. A few states including Montana, Idaho, and Utah do not allow the insanity plea in their courts at
This murder occurred in October 6, 1921, in Madison, New Jersey. This murderer only did harm to one victim and one only. Twelve year old Janet Lawrence was discovered in the kluxen woods by local people. The people were shocked when they discovered her wounds. “Janet Lawrence had been stabbed 25 times, and her throat had been slashed.”
It lists that in order to declare a defendant not guilty by insanity, it must be proven that the person is significantly mentally ill and was not able to differentiate right from wrong in the instance of their crime (Levin). There was no dispute between prosecution or defense that Andrea was mentally ill, it was simply if her illness inhibited her judgement enough to meet the legal standards. Her family and defense attorney all believed that there was no questioning the severity of her condition, she simply could not function as a regular human being, and her judgement was clouded. Andrea’s mother-in-law, Dora Yates, who frequently watched over Andrea and witnessed her daily condition, stated, “I don't think she knew how to cope . . . how to function.
A man named James Lewis sent a letter to Johnson & Johnson demanding $1 million to stop the murders. Police were unable to link him with the crimes. He was convicted of extortion, served 13 years of a 30-year sentence, and was released in 1995 on parole. Roger Arnold was suspected of the murders but was cleared .Laurie Dann poisoned and shot people on a rampage in May was suspected
Without the insanity plea, those who are not in equal in mental stability are disproportionately punished by being convicted as any other criminal. The insanity defense is not an attempt to justify the person’s actions by any means. The plea deal is simply a way of ensuring a punishment commensurate to that of their mental boundary. If a defendant has no possible method of controlling his or her thoughts, then his or her punishment should not be equal to that of someone who is fully capable of forming a mens rea. Moreover, despite the prevalence of the insanity plea in our popular culture, it is not that prevalent in actual court cases.
Those who are insane can be declared innocent if proven “not aware” of what they were doing when they were committing a crime and breaking the law. The mentally insane are able to be given smaller punishment, no jail time, or no punishment. These people are also given treatment for their mental illness but, it is not much better than imprisonment. These defendants may have committed a horrible crime, but will not be punished for it, because they are insane. Some defendants may use the insanity plea to escape imprisonment, but they are not truly insane.
The insanity plea is one of the most controversial and problematic defense strategies used in court cases. It becomes so problematical when someone determines the sanity of a person, because where does the line cross from insane and sane. The insanity plea is the least common mechanism that defendants and lawyers use as a plea. Sometimes it is accurate and the defendant is treated properly in a mental institute for awhile; whereas in other cases it is used as “get out of jail free card. ”
“Black Dahlia murder solved? Shocking new details about aspiring actress Elizabeth Short’s life and gruesome death.” Foxnews, 21 December 2107, http://www. foxnews.com/entertainment/2017/12/21/black-dahlia-murder-solved-shocking-new-details-about-aspiring-actress-elizabeth-shorts-life-and-gruesome-death.html. Accessed 17 February 2018. “Patrick S. O’Reilly.”
The insanity defense is also known as the mental order defense. In the criminal justice system, a defendant that been evaluated to be legally insane when he or she committed the crime in some states may be found not guilty because of insanity (Schouten, 2012). This does vary, and it depends on the state laws and regulation when it comes to a case like this. However, in some cases the person may be found guilty and is sentenced to less time. For example, the time frame for murder is 20-25 years, but they may be only held accountable to do 5 years, due to their mental illness.
In some cases, this defense is appropriate and legitimate. Other times, the plea may be used by a truly guilty party who is seeking out a lighter sentence than execution or life in prison with no parole. This tactic though, goes back farther than the recent Colorado theater shooting or even the attempted Reagan assassination. The earliest use of the insanity plea can be found in 1843 when a man named Daniel M’Naghten killed an
Hello Class, July 13 2013 Albert DeSalvo ran out of luck. Evidence finally came up for a crime that could tie DeSalvo to an assault charge of nineteen year old Mary Sullivan. Mr. DeSalvo was also tied to eleven deaths that could not be proven. DeSalvo while on his terror was named the “Boston Strangler. ”(Bulman, 2014)
How fair is the “insanity” defense? Davis (2016) argued that the used of the “insanity” defense may be seen by others as unfair to other criminals because of the leniency towards one group of criminals and not others. This can be seen as discrimination towards individuals with mental illness.
Some say an insanity defense is a legal concept, not a clinical one. In some cases, the prosecution has had a hard time distinguishing between people pretending to be insane and the people who actually suffer from insanity. (Math, Kumar, and Moirangthem) Even though it is legal to be insane, do not take advantage of it and go do something you will regret later in life. There is a time and place and there is also a way to act in a public place.