Ali+Bakkar

Argument For

1.They say people with mental disabilities should be able to plea insanity because they do not know what they are doing. But I say that if they have a mental disability why did they wait until the time of the crime to get help. Because if they truly are insane it would have been evident prior to the crime.Therefore I believe,that if one want to plead insanity it is okay as along as they have had a previous mental record.

2. They say people with mental disabilities are already being punished by sending them to a mental institute. But I say that its not enough to make them understand the size of their crime. Because there are individuals who have committed crimes and got off with the insanity plea such as Andrea Yates and later committed another crime. Therefore, I believe that sending them to a mental institute is not enough to prevent more crimes from happening.

3. They say in some states mental records are not allowed to be shown in court as evidence, such as the case Clark vs. Arizona. But I say that they can bring an expert witness such as a psychiatrist. Because this would allow the jury to understand the individuals mental history from an unbiased perspective. Therefore,I believe that if a person is actually mentally insane there are other ways of proving it without the use of a mental record.

Argument Against

1. Not all the people pleading insanity receive a psychiatrist. Because only 75 percent of those pleading mental insanity receive a psychiatrist it is hard to determine if the person is insane without the experts testimony.

2.Not all people with mental disabilities have no control all the time. People with schizophrenia or are diagnosed with bipolar disease have periods of time where they are in their normal state. This is evidence by the cycles of high and low or by some individuals have schizophrenia and rarely having episodes.

3. People who are not insane may use the insanity plea to avoid jail time. If the person is believed to be insane they are sent to a mental institute instead of jail.

4. People who get sent to mental institutes do not necessarily stay there for life. The person may serve a term in the institute and then later walk free. This is evidenced by Andrea Yates leaving and then later committing another crime.

5. Not all states have the insanity plea. Two people at two different states could commit the same crime while one receives a lesser punishment. This is evidence by some states having abolished the use of an insanity defense, an action upheld by the U.S. Supreme Court in 1994.

6. A person's mental record does not necessarily come into play with a plea of insanity. So anyone can plea insanity without the need to prove mental history. This is evidence by individuals who plea temporary insanity.

7. A person may receive psychiatric help while in prison. This prevents the person from committing other crimes while receiving treatment. This is evidence by psychiatrists visiting prisons to help improve the living environment of the mentally ill.

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