THE INSANITY PLEA

Pro's and Con's of the Insanity Plea

Pro's and Con's of the Insanity Plea

Introduction

The common awareness that our legal system is based upon the belief that a person is responsible for his action, but this is not applicable to the mentally insane who commit crimes. The mentally ill use the insanity plea to keep them away from prison or the electric chair whenever they commit crimes, and these crimes are in most cases very severe. This (Insanity Defense) is an endeavor to place in morality into our so called perfect law because there is no perfect test to know if the acclaimed criminal is insane or not. Contrary to what a few people who have lost their loved ones through the act of an insane person, and most people who oppose the insanity plea say, a person who commits a crime and at the time the crime was committed he was not in his correct sate of mind and cannot differentiate between wrong and right, the person should not be held accountable for that crime.

Discussion

When faced with criminal charges, a defendant often has one simple goal.  That is, to minimize the potential penalty.  Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties.  However, going to trial can be risky because it is impossible to predict what a jury will decide.  Therefore, many defendants choose to enter a plea bargain agreement with the prosecution.What is Plea Bargaining?

A plea bargain is an agreement between the prosecutor and the defendant in a criminal case.  The prosecutor gives the defendant the opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence.  For example, the prosecution and the defense may agree to a misdemeanor ...