INSANITY DEFENSE

Analysis of Major Insanity Tests; Right - wrong test, volitional incapacity, Substantial Capacity Test, and Product test.

Analysis of Major Insanity Tests; Right - wrong test, volitional incapacity, Substantial Capacity Test, and Product test. Introduction

Individuals not found guilty because of the reason of insanity (NGRI) supported by the insanity defense system that introduced few decades ago. Since the introduction, of insanity defense it has been under the controversial limelight and a difficulty for law and medical professionals across the country. The biggest dilemma associated with the insanity defense is that it is a legitimate practice; however, medical theories related on a legitimate issue. Measuring the level of mental illness, at the moment of committing the crime always associated with many cases. A prime example for this would be the Andrea Yates case, the heartless killing by her of her five children.

Right - Wrong test (McNaghten Rule)

This rule came into being in the mid of 19th century, by the English lords. Right- Wrong test, which is the McNaghten Rule, categorized as the early tests for insanity in criminology. It highlights that the person is not a criminal and is not proved to be guilty if the subconscious level is unstable due to which that person does not know the quality or nature of the act performed by him; moreover, also the difference between right and wrong. This emphasize on the fact that the person is mentally unstable and legally insane as he/she cannot differentiate between the right and wrong (Coleman & Davidson 1978).

Volitional incapacity (irresistible impulse)

In the late 19th century when the cases came which were unable to be justifies by the McNaghten Rule, so volitional incapacity introduced. This practice came into being when right wrong test started to get challenged. Therefore, a novel approach added in the insanity judicial ...