« Stuff You Should Know

Uses of the Insanity Defense

2013-04-18 | 🔗

The idea that a person who can't understand the crime they've committed is wrong lets them off the hook from culpability for their actions is a longstanding pillar of Western criminal law. Learn about some of the prominent and overlooked cases where the accused has plead insanity in this episode of Stuff You Should Know.

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I tell you really: can Jerry always eat in here? People know that you eat lunch while your horse yellow smelters, twelve hours walks over it's delicious, the avocado looks top notch too It's insane how good that stuff It's funny that you bring that up chuck because we are talking today about the intended offences away. Just didn't you know check for a very long time. Basically, since there was such a thing is law you no prior to the advent of law in western civilisation. If I killed your brother, you would come tell me yeah I've run I right. There was actually the first law. They could have come rob a year from the Bible by a little after that, right and at their sleeping, predates the Bible, Hammurabi Jamie and taken it up black.
Risk is all that is what I mean. Those pretty much the whole idea behind law from the get go was the idea of- What was going on in your head when you did something right motive, your tent there's a difference between accidentally killing somebody in killing someone on purpose. And this was the idea behind law to get to the bottom of it and then punish accordingly, and so it's pretty short hop skipping to jump from getting to the bottom of what someone was thinking at the time to finding that some people weren't thinking, anything that any. Seen human being would wear, as is rational right and with their understanding team. The beginnings, the premise of what we recognise. Now's, the insanity defence, but this this whole idea
that somebody can that the insane, those who are mentally ill yeah, I can't understand or grasp the criminality, the moral wrongness of their act, the idea that that's out there that people like that are out there has moved us. I think quite compassionate I'd like to check one for humanity, in my opinion, yet to protect them. Make sure they don't do that again, but that's not evil when the point of law is to punish evil right elders, now it's true and so on, that, from the beginning of understanding this to even to today that the insanity defences undergone evolution after evolution after evolution. Yeah- and you know quite a bit about this- I love it.
It started out in sixteenth Century England and at the time they had the wild beasts test in England, where, person was so depraved of understanding memory of like what they had done right. That quote no more than an end, a brute or a wild beast could be found not guilty of crimes and say an insanity is not a medical condition like you can't look it up and define insane area and like the medical. What's with the book, the DS fearsome disappear, insanities nodded, and there's no single standard in the United States for defining it in the court system. Bizarre right, as far as the defence goes even today, yeah like different states, have different methods of gotcha there's not like a single fetters yet there is actually a conversation now.
Of whether or not that should be that's a constitutional right protected by the eighth, a memory and that you are will you have a right to plead insanity you're trying to prove their insane and media, because some states are recognised yeah as will find out. So there's the different tests that the United generally operate under and the person is the monotony test. He pronounced that. I think monotony monotony its am apostrophe Norton and it looks like it should be Mc Norton, but they left the sea or replace it with a new path he's very stylish monotony, and that was in the UK and the eighteen fortys, and I guess we should go and talk about the case now. What Daniel Manon yeah yeah, he was a Scottish would worker who believe that Prime Minister, Robert Peel and the Pope, were plotting against him, the Pope to yeah so monotony went
to London and he shot and killed peels secretary I was at a mistaken identity thing, or was it just a bad shot? I didn't see. Ok, so you have the wrong person, yes, but he did kill the person with the intent of killing people because he thought that peel was out to get him right. And so appeal was when he was tried, but he was acquitted by reason of insanity, and he was sentenced to life in Bedlam, which is not a nice place to be enact, sounds like being allowed. You name it bedlam unless it was just awful well. You know that this is our comes from yeah. Ok, because Bedlam is like kind of a British. I think it was open. It was open and twelve forty seven and it can a short for Bethlehem and was the first mental asylum in Europe yeah, and this guy was sentenced to life there, which is that there was not a nice thing to have happened to you, but even so
the fact that some guy tried to kill the Prime minister and was not thrown into prison, which I imagine was even worse than bedlam. Queen Elizabeth herself came out and said Where are you guys doing? Courts explain yourself here and what the court's came up with was what came to be known as the may- not unroll. They said. If you wait here is a test for insanity yeah. If somebody, doesn't know what they're doing at the time they commit the crime or they don't know they're doing was right or wrong. It's also called the right wrong test year. Then from now on, british LAW, we're going to uniformly say that that person is insane and can be acquitted of crime. They really called it. The right wrong tat was ominous, So it s not interested in what will get to how that applies today and then came along latitude. The ally established in insanity test the nineteen sixty two
out in the model penal Code and they, and began to consider what they called irresistible impulse. So if you're defendant, you could not refrain from doing something you knew was wrong. Like you, you can you read, write, you know drawn, kill someone, but you just couldn't help yourself like what you might call it. A crime of passion is something like that. Like you overwhelmed with rage engines or whatever you know what you're doing is wrong. I can't stop he's up. It's also cover volition, rule yeah yeah I get on your own, but like Shawshank for instance, although he didn't really kill anyone, but that's what they thought was TIM Robins, oh yeah, had walked in on his way my guys yeah. So I'm under this test, your criminally insane, if you unable to quote a priest, the criminality of conduct or to conform, your kind to the requirements of the law, so you can still go out and kill. Someone in use gloves and despair
the body and all that stuff and still considered insane under the standard used was pretty. It was pretty controversial. And then, twenty years after that, I gotTa John Hinkley changed all that again, which led to the insane defence reform active eighty four. So what happened with? We all remember that right here, whenever Reagan, to impress Jody faster, that's right, shotgun and he was acquitted. He was not guilty by reason of insanity elated the nation, he went crazy. People were like that because it was the present. You know like how can you this guy right will not only that it was when monotony was sent to bet on and the monotony rule came about four about a hundred years after that yeah, maybe a little less. If you were found insane whether or not your acquitted itself, but the rest of your life in an insane asylum sure as psychology progressed further further,
get to the point where there like hey this person's cured this person's cure. That per threerd is sometimes when you were found not guilty varies in its anti. You weren't, even like you got out after a couple years here it was basically tantamount to getting off and by the time Hinkley was acquitted. The that the public can saw that that was the case like he wasn't. Gonna get any kind of management, and we need to do something. So I came up with the reform for the insanity. Defence yeah. It basically that sort of put the airline standard aside and brought it back to some More, like the monotony rule, and even more so, can we probably they federal state shifted the burden of proof after Hinkley to defence. So you had to. Instead, being on the prosecution emails on the defence to prove that they were
the clear evidence that they were legally insane at times. That was a big deal that shift yeah, and yet they did away with the volition rule to read I think so and in its important to know that when you there's two wasted, scenes any role. You can go guilty by reasons of insanely or not guilty by reasons insanity, which is interesting, that you can use the same thing for guilt or not guilty right, but it's there to protect the mentally ill you now. So it's a good thing and it's not it's pretty tough to get it like only one percent of cases, are successful and then only about fifteen or twenty five percent of that one percent or actual acquittals right. So it's not like you know. Oh, I was I was insane at the time and So you can throw me in jail where at the time is a really big thing to you can't just be like. Oh well, I'm mentally ill. So I got to let me off because then I have blanket immunity from any of my actions. Do you have to be able to prove that at that time you didn't?
Stand here away. You're doing was wrong: you're not competent to stand trial and water and commits a jury of that which is that's the trick. So we have some famous cases here yeah man on his case came in eighteen forty three year, but he wasn't the first one in the west, to I guess, get off for being Insane acquitted by reason of insanity in the United States. Back in eighteen, thirty, five, a guy named Richard Lawrence, who was a house painter, was acquitted by reason of insanity. The killer, President yeah trying to kill him really hard to Andrew Jackson was the president at the time yet and thick. I knew this until this article. I didn't it You do not. Ok, I'm not a dummy them had a daring join. I think they're injures at the time are notorious for not firing over time. This fired
fired? If it is life you two so went off, but the boiling come out yeah that's insane. They were known for not far incorrectly. I got an he actually too. Injures and they both miss, fired and apparently jack. And when, after him with his cane like behind this dude is trying to kill me like those no secret service. At the time of the secret service was his, right. He happened to be coming out of state funeral, and so not only did Andrew Jackson be described. His cane none other than Tennessee Senator Davy Crockett helped to subdue the gaily here. Of course he did. Rather, authorities like this is awesome. I envy by David crash to exit of Europe. Forever. Any was in as if you'd know about him, but he was acquitted and to a mental asylum, and that was the end of Richard words as far as well
we are- and we should say like he was there Wasn'T- is going after the president that made him insane. He was. He believed he was Richard, the third, the ethic king who was recently found very beneath him, What are you? He thought he was there to the third and Andrew Jackson and killed his father in that by killing Andrew Jackson. A lot more money would be available since during depression and Jackson, actually, for his part, came to believe that Richard Lawrence was a Patsy in an assassination attempt carried out by the arrival of I think Whig Party here who wanted him out of the presidency, which was it you know, but the rest of his life paranoid about thirty pillow step. You should know listeners. Do you want a new year's resolution? That's easy to keep yes results. To help protect your identity and personal info with lifelong identity, theft, protection, lifelong alert you to potential that's too your identity and they see more, though what you can see by just monitoring your own credit like your info,
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was an insane and he just really knew the right. People and pull the strings to get out of a crime to use a bigger Mussolini. I moved ITALY night twenty five and started doing radio broadcasts begin writing and broadcasting. These anti semitic anti about Rance during World WAR, two that doesn't it the United States, of course, especially now only invaded early and take over, and so it was an act of treason and he was arrested and imprisoned in ITALY and then after Mussolini died. He was extradited facing charges and, let insanity and was actually found, not competent, stand trial and spend the rest of his days in a minute's silence. Elizabeth and diesel, writing these. He didn't spend the rest of his days. He got out and nineteen fifty eight hour, thirty died and I now and while he was seen Elizabeth, which was headed by a devil tee of as your power again in doctor, Fraid overhaul. Sir senior- that's not really is where,
the head of Saint Elizabeth and he thought pound was just one of the greatest Liu literary figures alive and he died there and no answer. He vouch for him and basically pound was allowed to have. Like a visitor. Over four Saxony time really cushy life. While he was and got out and got around being tried for treason, even though he was never declared in saying no doctor ever said. This means insane they just vouched for him that he was. I can remember how they put it, but basically they ve got around it with them Takes office rocker that illegal profits, they call them the next one is pretty interesting to Anthony and William Esposito Brothers, dubbed the dog killers and I forty one January New York City, they held up their office, an office manager for about six hundred fifty bucks and then shot killed him
and then this wild police chase on foot down Fifth Avenue are up Fifth avenue in Manhattan. Dartin in and out of department stores and shooting in stuff, one of the guys spot in the leg goes down he's dead and then shooting kills the officer as he approaches and thirty red man. Mr today, right, move, the other guy or when he shot and killed the the cop he got. Officer to run off in a bunch of new Yorkers got on top Beat among conscious that's the beauty of New York away, they found the other guy his brother in law and convenience store answer. They were called and tried in throughout the trial they barked. Ruled in buying their heads on on the desk, because apparently this what insane people they had Jerry, didn't, buy it and convicted in both sentenced to death.
Yeah and whether it thinks thing they continued? This I mean I go out of people thought it was real or night, I'm hesitate to say continued the charade, because maybe they were a little off, but they continued. This imprison and his quitted care in sing sing and they were put to death in eighteen, forty, two, the up so unsuccessful in their bid to get off on the insanity. Rural yeah like you, so don't only is effective in one percent of cases. Andrew Goldstein yeah. I remember this going down. Do you yeah? This is such a second ninety ninety nine he pushed a woman Andrew Web Dale in front of the entry and at the twenty Threerd Street station. During a psychotic episode, and this was a true, ace of someone who was deeply deeply troubled it wasn't someone, he said. Let me using sanity in advance, because I know what I was doing at the time he started
Life is a pretty bright guy and then started suffering, delusions and college and in and out of psychiatric hospitals had had violent episodes with his mother. Violent behaviour basically committed self committed. Thirteen times over a two period just released a few weeks before he had pushed this poor woman for the train, which killed her neck and as a result of her death. New York came up with something called kindred law which gives judges the power to forcibly commit people. They think need psychiatric attention right for the seventy two hours, which is a big deal, but in this case it doesnt quite gibe from what I understand, because Goldstein did voluntarily seek treatment
yeah he's no sense. It is this a sad case. He was tried three times for the first time there is a hungry he played in sanity. Now the second time is found guilty, but that that finding more was over that become ever yet have verdict man thumbs up with me. Thrown out technicalities, Anderson and then in two thousand five years. Try for their time and employed guilty. Here too, and slaughter there. Yet not murder, yeah. He is a prison in you. Since twenty three years, plus five of probation and, like you said, hinders law was passed, his result so yeah very, very sad case yeah there's. No. Nobody comes out a winner on that yeah, homer
yeah, I'm John doing I mention whether or not that there is a discussion about whether or not someone has a constitutional right to plead insanity here. This is the guy that brought it up most recently back into doesn't seven he shot over the course of a couple months. He shot three of his friends. Are. There was for India and killed two of em. One was a childhood friends. While we're friends in childhood and down it was here's a diagnosed paranoid. He was diagnosed with schizophrenia, and am he was under the impression that people were stealing his powers. I guess the people he that he killed The thing is, I'm even the defence and the judge said
in the whole reason that you did. This was because of your mental illness yeah and you. This is a perfect containing defence. Idaho does recognise the insane any defence, sir. He was sentenced for the two like terms in solitary confinement without parole for the killings and, like everyone, agreed that this guy was mentally ill but, like you, said wrong, state wrong crime and that's what prompted like like you're talking about like is this: should this be a federal right- and you know after the Hinkley verdict, alot of states repealed the inside.
Need a fence, and then a lot of on went back and reinstated it under different terms. Yeah, like you talk for example, repealed it and then allowed to come back, but its next to impossible to to prove it under the definition that that's out there, but I do hope was like not lose no insanity, defence and I think, there's a couple other states too. Well, that's all the cases I have seen hear me anymore.
I mean it's there to help the mentally ill, but I think you're right for a little while there it was, you know, plead insane ghetto hospital for a few years. Get out. Will you know it's interesting is we we talked about? We talked about them getting rid of the volitional right yeah, but like just quickly, Lorraine above it, she was basically temporarily in saying. Yes, he was acquitted of her actions here. Assault and Dahmer was very famous case too yes, but he's his insanity pleaded work out now, because the jury believed he knew. What he was doing was wrong. Neither did his presence there. You know that guy he's trying to write a book, the guy who kill them now and in a year and kind of interested to because he always wore like there's, not a lot of information on what's his name, somebody Carver Clarence Garber. Think no, you thinking of a sex offenders, further response team, but let's glance clemency
and he's passed away. His name is Christopher Scarborough Clarence Partner, Carver Christopher Scarborough Clearance, Clemens passed away when, like last year, so anyway he's trying to write a book, and I was always Curious- has written a lot of information like why he killed you kill those two guys that day only killed someone else thirty day if he was on bathroom duty with two other deeds are two other murderers Dahmer another guy, and I think he got a piece of her like a metal bar from the Jim and beat them today. And he wants write a book, not explain why he did it and reveal bombers final words, which you know this very salacious. But of course I like what he said. I hope he does do and then finds out later on that you're not legally led to profit from your crime industry, so he wouldn't be able at the. If you listen to this, I didn't say that scar uselessly, ok
people they listen, listen prison. We know for a fact here, he's probably making now more wine and a sock. Anything else are more. Why look ok? You want to learn more about the infinity events. There is a great article on how the force that calm called ten uses it Certainly the best there's another one called: what is the definition of the year which will go back? We may want to do that. One in four people see that it's got much stuff on there. You can check both of those out by typing insanity in the search bar search bar has suffered some resistance. Bar. That means it's time for this new These resolutions are very, very difficult to keep get more exercise save more money. What about this? We have a resolution that you can really work with stop wasting time going to the post office that right
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Transcript generated on 2020-01-17.