Sample Essay on:
Basics of the Insanity Defense

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10 pages. This paper explains some theories of the insanity defense used in a court of law, including the first use of the insanity defense, some cases that actually used the insanity defense, and personal opinions regarding the use of the insanity defense. Note to student: This model paper gives the facts and findings of the pertinent research, but the personal opinions of the insanity defense is one the student will want to include based on his or her own feelings. Bibliography lists 4 sources.

Page Count:

10 pages (~225 words per page)

File: D0_JGAinsne.doc

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opinions regarding the use of the insanity defense. Note to student: This model paper gives the facts and findings of the pertinent research, but the personal opinions of the insanity defense is one the student will want to include based on his or her own feelings. Bibliography lists 4 sources. HISTORY OF THE INSANITY DEFENSE The use of the insanity defense has been used in every state of the United States. It is best described by the following: "In New York State, ?40.15 of the Penal Code, in effect since August 1, 1984, is the latest statutory guideline for assessing criminal responsibilty: "It is an affirmative defense if...at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1. The nature and consequences of such conduct; or 2. That such conduct was wrong" (Welner, PG, 1996). The insanity defense was first used in 1881 in the trial of Charles J. Guiteau for the murder of President James Garfield. Guiteau had a long personal history of psychiatric treatment, and was delusional in that he felt it was necessary he kill President Garfield in order to preserve the Republican Party (Welner 1996). As Guiteau explained it: "The express purpose of the president has been to crush General Grant and Senator Conkling, and open the way for his renomination in 1884. In the presidents madness he has wrecked the once grand old Republican Party, and for this he dies...this is not murder. It is a political necessity. It will make my friend Arthur president, and save the republic" (Welner, PG, 1996). The MNaghten Case of England, (10 CL & F 200 [1843]) (Welner 1996), has given us ever ...

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