PSYCHOLOGY

(Principles that Defines Insanity)

Michael Colton

(University)

Introduction

The etymology of the word “insane” came from the mid-16th century Latin word “insanus” which literally means “not healthy” and is commonly defined as “a state of mind that prevents normal perception, behavior, or social interaction; seriously mentally ill.” (Oxford Dictionary) Insane can also be used as an adjective that pertains to something highly unique, passionate or extreme.

Three Principles that Defines Insanity

Insanity is a legal term that speaks of “a defendant's ability to determine right from wrong when a crime is committed” or “mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior” (Howes, 2009).

In the legal realm, insanity does not have a medical meaning; only a legal meaning. The legal meanings of insanity have very slight thing to do with the psychological or psychiatric characteristics of mental illness. Legal insanity is a perception that was established in handing over guilt or innocence to specific defendants, and is not meant to recognize the roots of mental pathology or its actions.

Insanity defense is exercised as a type of defense asserted by an accused in a criminal prosecution in order to avoid any liability for commission of a crime. The M’Naghten rule is used to validate if a person accused of the crime is in a sane state at the time of its commission, and so, is criminally responsible for the unlawful activity. The M’Naghten rule limits the insanity defense in cognitive insanity, a defendant must be impaired by a mental illness or condition at the period of the act that he or she is unaware of the nature or quality of the act, or, if the defendant did know the nature or worth of the act, he or she did not know that the act was wrong. On the other hand, volitional insanity or Irresistible impulse stresses that the defendant, granting that he or she is able to make a distinction right from wrong at the time of the act, underwent from a mental illness or condition that made him or her incompetent of controlling her or his actions.

Due to the idea of not knowing what is right and wrong, the rule for insanity became a loophole for some offenders and took advantage of it. Instead of spending a long time in prison for commission of crime, the accused spends time in a psychiatric institution.

The Psychological aspect of insanity deals with evaluation of behavior and how to approach this behavior. The legal and psychological principle that defines insanity is always intertwining. To be able to defend the person that pleas insanity, one must explain the validity of this reason in a psychological way to prove the occurrence of mental illness (Psychosis, Bipolar disorder, Schizophrenia, etc.) Personality disorders have not generally been viewed as sufficiently severe to meet the mental disorder or mental defect requirement of most insanity statutes (Krauss & Lieberman, 2009).

Most of offenders are said to be suffering from delusions, hallucinations, not memory impairment; contact with reality appears solid; however, he is unable to conform behavior to social norms, defer gratification, control impulses, tolerate frustration, profit from corrective experiences, or identify with others and form meaningful relationships with them (Simons, 2001). The defense insanity will be only effective upon detection of motive or orientation of the offender, again, psychiatric tests will be able to detect this issue.

The last aspect will be feigned or artificial insanity, this is simulation of mental illness in order to avoid or lessen the consequences of a confrontation or conviction for an alleged crime. The common term for this is “malinger”; these malingerers are exaggerating their symptoms and take no notice of common, understated signs such as the blunting of a mentally ill patient’s sentiments. Malingerers feign confusion to the psychiatrist, but later converse easily with cell-mates, or claim to be paranoid while sitting at ease. Some combine symptoms from different conditions, such as hallucinations of schizophrenia and obscene outbursts found in Tourette’s syndrome. Again, a psychiatric approach will be done in order to confirm if the symptoms are real or just made.

Reference

1. Oxford Dictionary (2013), Definition of Insane retrieved from http://www.oxforddictionaries.com/us/definition/american_english/insane

2. Howe, R. (2009) "Definition of Insanity is... - In Therapy: A Guide to Psychotherapy" retrieved from http://www.psychologytoday.com/blog/in-therapy/200907/the-definition-insanity-is

3. Simon, R.J. (1968), The Jury and the Defense of Insanity, Transaction Publishers retrieved from http://scholar.valpo.edu/cgi/viewcontent.cgi?article=2069&context=vulr

4. Kraus, D. & Lieberman, J.D. (January. 2009), Journal of Investigative Psychology and Offender Profiling, Special Issue: Investigative Psychology in the Courtroom Volume 6, Issue 1, p. 25–41

5. Geller J.L, Erlen, J., Kaye, N.S.& Fisher, W.(1990) "Feigned insanity in nineteenth-century America: Tactics, trials, and truth" Behavioral Sciences & the Law 8.1

6. Simons, C.L. (2001). Antisocial personality disorder in serial killers: the thrill of the kill. The Justice Professional