In Virginia, Lorena Bobbitt was tried in 1994 for the crime of cutting off her husband`s penis. Bobbitt has pleaded not guilty to grievous bodily harm caused by mental illness. Bobbitt was able to establish the irresistible defense of impulsive insanity by presenting evidence of years of domestic violence, forced abortion, and rape on the night of the incident (Bell, R., 2010; law.jrank.org, 2010). After the jury was found not guilty of mental illness, Bobbitt was assessed, declared mentally competent and released (Bell, R., 2010). After Hinckley, some states adopted the verdict of guilt but mental illness. A convicted but mentally disordered defendant is not acquitted, but is simultaneously punished and treated in prison for mental health. Generally, a finding of guilt but mental illness is only available if the accused fails to prove insanity and requires the accused to prove his or her mental illness at the time of the crime on a preponderance of evidence (725 ILCS, 2010). Depending on the jurisdiction in which a case is heard, courts use a combination of criteria. The four criteria used by the courts are: An allegation of impaired capacity is different from the defence against mental illness.
Reduced capacity is an imperfect failure of the defence of evidence, which is recognised in a minority of jurisdictions. Reduced guilt could reduce a charge of first-degree murder to second-degree murder or manslaughter if the defendant is unable to form the appropriate criminal intent for first-degree murder. According to FindLaw, the insanity test was first used in the late 16th century, when courts ruled that if a madman or madman kills someone at the time of their madness, the courts cannot hold them accountable. In the 18th century, the courts established a “wildlife” test, which serves as the basis for today`s insane defense test. Loreen says she`s not guilty of beating Aidan for mental illness. If Loreen is in a jurisdiction that recognizes the essential capacity test, she can succeed. Loreen has a mental illness or disability, psychosis. Loreen`s testimony to Aidan shows that she does not have the substantial capacity to acknowledge the criminal act of her behaviour. Note that if Loreen was in a M`Naghten jurisdiction, her statement “I know I shouldn`t have done it” could prove that she was aware that her behavior was wrong and could cancel her claim. In addition, Loreen`s behavior at the psychiatric hospital suggests that she does not have the essential ability to adjust or control her behavior.
Even after being punished all her life for mixing her medication and putting it in other people`s food or drink, Loreen still does. Finally, in a major jurisdiction, statements from Loreen`s friends to the psychiatric hospital may be admissible to support her complaint of mental illness and her inability to “estimate” the criminality of her conduct. In several states and at the federal level, a defendant found not guilty of mental illness is automatically committed to a treatment facility until it is determined that mental health has been restored (18 U.S.C., 2010). This is also the approach of the Model Penal Code. As stated in article 4.08, paragraph 1, of the Model Penal Code: “If an accused is acquitted of mental illness or lack of spirit which precludes responsibility, the court shall order that he be entrusted to the care of the Commissioner for Mental Health [Public Health] for placement in an appropriate facility for custody, care and treatment.” Susan retracts her statement and admits that she killed her children. However, she says she is not guilty of mental illness. Susan`s trial is unlikely to succeed if she kills her children in a jurisdiction that recognizes the M`Naghten`s defense against mental illness. Susan tried to mislead the police by showing that she knew she had done something wrong. Although Susan`s behavior seems mentally unbalanced, she clearly knew the difference between right and wrong, and her behavior is inexcusable under M`Naghten`s strict requirements.
The Model Penal Code is an updated definition of defence against insanity and addresses some of the weaknesses of the above criteria. The Model Penal Code tends to be much broader than M`Naghten`s relatively rigid rule, but it also includes the centrality of the defendant`s will, which is addressed by the “irresistible impulse” test. As such, it is generally used by states that do not use the M`Naghten rule. The Model Penal Code also prohibits psychopaths and sociopaths from using a senseless defense. In 2002, Brian David Mitchell and his accomplice and wife Wanda Barzee kidnapped fourteen-year-old Elizabeth Smart from her home. Mitchell, a so-called street preacher, and Barzee held Smart captive for nine months, tied her to a wire rope, subjected her to daily rapes, and forced her to use alcohol and drugs (Dobner, J., 2010).