Insanity Defense Case Study

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Issues in the Law: The Insanity Defense Applied to the Indigent Defendant Introduction In United States, an increasing number of mentally ill individuals are criminally prosecuted through the justice system, making it appear as though federal and state correctional institutions are being used as the 21st century’s version of psychiatric hospitals. Yet the government of the United States affords some special considerations for mentally ill individuals that are facing prosecution for their accused crimes. For instance, guilt is determined differently for those with severe mental illnesses through the insanity defense. Throughout this paper, I will examine the insanity defense and the complications it may present for impoverished defendants,…show more content…
Also, I have stated the APA’s position on the subject, then compared it to my personal views. Next, I discussed the court rulings in the case of Ake v. Oklahoma, the APA’s stance on this case, as well as explaining if my personal opinion sided with the court or the APA. Finally, I discussed the ethical issues raised by this subject. I have demonstrated the necessity of the insanity plea as a viable defense for individuals with mental disorders. Furthermore, I explained the hardships faced by indigent defendants who truly need a mental health professional to assist with their defense. Denying an indigent defendant of the tools and expert witnesses needed to support their insanity plea is a blatant disregard for the valuable concept of due process. References American Civil Liberties Union. (2015). Mental Illness and the Death Penalty. Retrieved from https://www.aclu.org/mental-illness-and-death-penalty American Psychological Association. (2015). Ake v. Oklahoma. Retrieved from…show more content…
S. (1996). After Ake: Implementing the Tools of an Adequate Defense. Pace Law Review, 7(1), 201-251. Retrieved from http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1510&context=plr Drinan, C. H. (2007). Revitalization of Ake: A Capital Defendant's Right to Expert Assistance. Oklahoma Law Review, 60(12), 283. Retrieved from http://scholarship.law.edu/cgi/viewcontent.cgi?article=1124&context=scholar Fulgencio, M. (2006). A basic tool of due process: The necessity of an expert witness. University of California Irvine Law Forum Journal, 4(2), 47-70. Retrieved from http://www.socsci.uci.edu/lawforum/content/journal/LFJ_2006_fulgencio.pdf McGraw, A. J. (2001). Life but not liberty? An Assessment of indigent defendants’ rights to expert assistance under the Ake v. Oklahoma doctrine. Washington University of Law, 79(15), 951. Retrieved from http://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1417&context=law_lawreview National Alliance on Mental Illness. (2015). A Guide to Mental Illness and the Criminal Justice System. Retrieved from

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