Should it really be so easy to get out of punishment?
Photo by Anna Becker
In the book Catch 22 by Joseph Heller, the only way to get out of the army was to plead insanity; but if you did, you couldn’t possibly be insane because you were sane enough to want to get out of the army. But if you didn’t try to get out, you had to be insane, because what sane person would stay in the army after being presented with a way to get out? So, why isn’t the same reasoning used in the courthouse? Any person pleading insanity can’t be as insane as they claim to be, but anyone who takes another person’s life is a psychopath and clearly needs mental help.
The dictionary defines insanity as: “The state of being seriously mentally ill.” So, what is it to be mentally ill? Let us refer once again to the dictionary: “Mental illness is a psychological or behavioral pattern that occurs in an individual and is thought to cause distress or disability that is not expected as part of normal development or culture.” So, are you insane if you’re unique or just slightly different? A “psychological or behavioral pattern” is a fancy way of saying “character trait.” If you act a certain way several times, that is considered a pattern. If this character trait is different than others, and you feel distressed because you don’t fit in with your peers: BAM! You’re insane! Now you can commit any crime you want and get away with it by pleading insanity.
The problem with trying to define insanity is that the mind is not a physical organ. While the brain can be literally examined, the human mind cannot be tested by any means other than talking to or observing a person. You might say that a person’s actions can’t lie. You would be wrong. A person can feign insanity and get away with it, because insanity cannot truly be defined.
Indeed, there have been several cases in which the accused have feigned insanity. In one such case, a man was thought to be insane because he spent the winter naked in his cell, not taking food, and having frequent violent outbursts. Once the patient was transferred from the jail to a mental hospital, he “miraculously recovered,” and was released.
An insanity defense is based on the theory that most people can choose to follow the law; but a select few cannot be held accountable because of mental illness. Such persons need special treatment as opposed to prison; they are sent to an asylum.
Now, up until the 1970’s, this was a valid repercussion. People who were found “not guilty by reason of insanity” (NGRIs) were locked in an institution for the criminally insane for life, and the public could rest assured that a criminally insane person would not be walking the streets any time soon.
Since then, however, NGRIs have been released from mental institutions much more frequently, such as in the case of Mary Doherty. This minor who was only thirteen was charged with the murder of her father. It was obvious that she had tried to clean the blood off of the murder weapon and the floor. She was held in jail for four months and during that time was mute and refused to eat. The court had to decide whether she was mute by a visitation of God or malice. She was found to be mute due to visitation of God and was found not guilty by reason of insanity, and was later freed. However, once she was out of the courthouse she appeared to be quite animated and proud that she had deceived the judges into believing she was insane.
This pattern of early release is due to two things: court rulings that give NGRIs the same rights as sane people (if such a thing exists), which make it more difficult to keep an individual in an institution after they’ve recovering from mental illness; and advances in psychiatric treatment. So, now, large numbers of NGRIs are being allowed back into the world, effectively freeing them from punishment– after all, they haven’t committed any crime; they didn’t know what they were doing!
Mental illnesses that characterize insanity include Paranoia, schizophrenia and… General Anxiety Disorder?! Wait, you can shirk the blame for a crime if you’re overly anxious? Sign me up!
If getting out of punishment for a major crime has become as easy as flashing a psychiatrist’s note or passing off a minor ailment as a serious mental illness, then our society is in serious trouble. Sure, it’s possible that these people really do have mental illnesses, and should not be stopped from getting proper treatment; but the entire defense is far too easy to take advantage of.
In 1843, Daniel M’Naghten attempted to assassinate British Prime Minister Robert Peel. M’Naghten pre-meditated the attempt and had clear intent…but he plead insanity. Several physicians testified to the defendant’s insanity even though they never actually examined him; their conclusions were based on hearing the testimony and observing the defendant’s behavior. The defendant was found to be insane and was committed to a mental institution, although many say he probably was sane.
Again, how is insanity defined? Can it really be judged without in-depth examination? People could easily purport to being insane when they’re not…it’s not even hard. So, what’s to tell who’s really insane and who’s not? After all, mental illnesses are just that: mental. They don’t show outward signs besides maybe some nervous ticks, and everybody has those.
So, should the insanity plea continue to exist? Yes, of course. Insanity is real, and if someone honestly doesn’t understand the crime they’re committing, they should be fixed, not punished. The question is whether or not the defense is valid. At this point in time, I honestly don’t believe it is. The only way to solve this is by the court taking the time to fully examine the defendant and verify his or her insanity.
