Question

Pretend you live in a state that allows a finding of "guilty but insane" or "guilty but mentally ill," make an argument for why such a finding should not be allowed. Now pretend you live in a state that does not allow such a finding, make an argument for why it should be allowed.

2) Benjamin Franklin's quote, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety," Do you agree or disagree with this quote? Why?

3) Are there any situations where it might be permissible or even necessary to hold a US citizen in custody without recourse to the judicial system? If so, what are some examples of those situations.

Answer 1

CASE 1:

The allowance of "guilty but mentally ill" cases may hinder the accuracy of Justice in the State. Firstly because it is very difficult and time taking to prove someone mentally ill. Secondly, there can also be a tremendous misuse of this provision.

Apparently, there also involves a huge expense to the State if the case is under an Insanity Plea. The examination cost to determine the pre-existing mental illness and the appeal of the Prosecution to choose the examiner gives rise to increased costs to the State.

Moreover, the success rate of Insanity Defence is very low. Around 4% of the total number of cases handled in a Judicial System every year is Insanity Plea. Out of which, hardly 25% of the cases succeed.

The State should rather keep Insanity and Mental Illnesses in check within the province so that such crimes may not occur. This will help maintain a more accurate Judiciary and will also be economically profiting. The health of the Mentally Ill can also be kept in check.

CASE 2:

Mental Illnesses are serious issues. The brain controls the body and can make the person go out of control and do unpleasant things. A person suffering from it should be given the necessary attention with respect to the crime they have committed.

For the Insanity Plea to be appealed, the Defence Team has to admit Guilty. If the accused is actually suffering from a serious Mental Illness, they can be taken care of. This is favorable for the Judiciary as it priorly decides the Guilty for the further proceedings to go on based on the Mental Health and Insanity of the Guilty.

This can also reduce the Punishment Sentence for the accused from a Death Sentence to a much lenient one. It can as well save a Guilty in a Capital Crime. In cases where it is found necessary, an accused may not even be given a Prison Sentence. They can be sent for further check-up and treatment of their mental health.

The State should allow Insanity Pleas for a better distinction between offenders and the type of Sentences that should be applied to them.