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A Matter over Mind Article Psy 270

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A Matter over Mind article PSY 270 Kelli Remmel

* What is the difference between mental illness and insanity? (Hint: What is the important second prong of the McNaughten rule?)
M'Naghten’s second prong relates to a person’s understanding of right and wrong. A person must prove they suffered so severely from a mental disease or disability that they did not know the gravity of what they were doing, or whether it was right or wrong at the time of the offence. Mental illness covers a broad spectrum of mental problems ranging from severe mental disorders such as schizophrenia or retardation to milder forms such as anxiety and depression. Generally people who are mentally ill are aware of their illness, whereas insane persons are not aware that their actions and behaviors are abnormal, or something is wrong with their mind. Insanity refers to severe conditions that cause the person afflicted to experience psychotic breaks with reality whether the episodes are acute or chronic in nature.

* The McNaughten rule cannot be used to defend the actions of a person who drinks alcohol and then murders someone. Why not?
The high court ruled that voluntary intoxication cannot be used as a defense to disprove intent to commit a crime because the person willingly put themselves in an altered state; therefore they are held accountable for their actions.

* Identify each of the following: * Rational and guilty: Rational and guilty means an individual fully understands right from wrong and is guilty. * Guilty but insane: Guilty but insane means the individual is insane but is thought to still know right from wrong when committing a crime and should be held accountable for their actions. * Not guilty by reason of insanity: Not guilty by reason of insanity means the person cannot be held accountable for their actions or behavior because they do not know right from wrong due to mental illness. * If you were deciding this case, how would you rule? Briefly explain your decision.
If I were on that jury I would have voted to have Eric put in a mental institution where he would receive the help he needs. I always say intent is everything. I believe Eric knew right from wrong at the time he shot and killed officer Moritz but I believe he did not know he was shooting at a police officer; he thought he was shooting at an alien out of fear. Knowing right from wrong is irrelevant if he truly thought he was being threatened by an alien. Clearly his intention was not to kill a person. If his thoughts and perceptions were not distorted due to his mental illness this tragedy likely would have never happened. Eric is a victim of mental illness; his mother said it best “you cannot punish the schizophrenia out of him.” I think we have a moral obligation to our mentally ill in this Country and stop taking the easy way out by throwing them in cells for decades at a time. That said, I also think we have a moral obligation to protect the public, so Eric should be held in a secure mental facility until he is no longer a threat to himself or others.

Gibeaut, J. (2006, April). A matter over mind. ABA Journal, Vol.92 Issue 4, p32-39. 7p. University of Phoenix.

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