The insanity plea also referred to as the insanity defense is a form of criminal defense used by suspects to reduce liability in criminal court. In the US, it is appraised that one percent of criminal defense cases assert that they are mentally ill as a way of defense. Arguably, about twenty percent of such cases succeed. Thus, about one of every four criminals mitigate severe jail sentence because they succeed in insanity plea. When a defendant uses insanity plea, they argue they cannot be held accountable for action undertaken because of their mental condition(Morse, 2008, p. 210).
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Arguably, the insanity defense should be abolished to ensure that the society is safer, convicts to get punished for their action and victim to receive justice. US seek to protect all its citizens by eliminating loopholes present in the judicial system because criminals continue to take advantage during their trial in the criminal court of law. Despite the chances of succeeding in the insanity defense being low, there is still a high rate of success for dangerous criminals being released into the society (Kaliski, 2009, p. 5).
Kaliski, S. Z. (2009). ‘My brain made me do it’-how neuroscience may change the insanity defence: editorial. South African Journal of Psychiatry, 15(1), 4-6.
Klein, D. W. (2009). Rehabilitating Mental Disorder Evidence after Clark v. Arizona: Of Burdens, Presumptions, and the Right to Raise Reasonable Doubt. Case W. Res. L. Rev., 60, 645.