Discuss the myth and reality of the insanity defense in the United States
What will be an ideal response?
Myth
- A person may not be tried for an offense if that person cannot be held legally responsible for her or his actions.
- Many people are under the impression that it is a major loophole in our system, allowing criminals to be "let off" no matter how heinous their crimes.
Reality
- The insanity defense is raised in only about 1 percent of felony trials, and it is successful only one out of every four times it is raised.
- The reason: it is extremely difficult to prove insanity under the law.
- Many defendants found not guilty by reason of insanity spend more time in mental hospitals than criminals who are convicted of similar acts spend in prison.
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What will be an ideal response?