mnaugthen rule Essay

361 WordsNov 18, 20082 Pages
Insanity Defense 1 Currently Florida State Legislature abides by the M’Naughten Rule. An individual lacking a mens rea is not a valid excuse for them to get away with a crime. I propose that the Florida State Legislature adopt the Guilty but Mentally ill standard. If a person cannot tell what they were doing was wrong, if their actions were a consequence of a mental disease or if they just suffered a temporary lapse of insanity, they should still be punished for the harm they caused on society. In the M’Naughten Rule the defendant may be found not guilty by a reason of insanity if at the time committing the crime the individual was lacking the ability to determine the nature and quality of the act he was doing, and/or if he did know, he did not know the act was wrong. This standard can also be referred to as the “right/wrong” test. A Guilty but mentally ill verdict allows a mentally ill defendant to be found criminally liable and will be sentenced like any other person found guilty of a crime. The court decides to what extent they need treatment and will receive psychiatric treatment while incarcerated in a mental hospital. When, and if, the defendant is determined to be treated of their mental illness they will be moved to a prison to serve the remaining of their sentence, unlike an insanity-defense acquittee who would be released from psychiatric commitment once he is deemed to be no longer dangerous. They are numerous mental illnesses that people suffer from, they may have hallucinations, delusions, poor cognitive thinking, etcetera. A mental illness or disease is not something a person can control, there is a neurological defect within that person that should be treated. Receiving a guilty but mentally ill has the dual purpose of satisfying society’s need to punish the

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