Law- Differences in Insanity & Temporary Insanity
Court rulings are determined by various aspects, including past cases, findings of an individual, certain defences, and circumstances of a crime. Specific defences that may affect the court ruling include insanity and battered woman’s syndrome. These determine the intent of the perpetrator at the time of crime commissioned to guide the sentence. However, they do not apply uniformly in all states. For instance, temporary insanity does not apply in Nevada. Thus, defendants are likely to receive varying rulings in different states, as demonstrated in the following discussion.
The Illinois Appellate Court, citing a U.S. Supreme Court Justice, says that “Perhaps we could never succeed in intelligibly defining the kinds of matter we understand to be embraced within the shorthand description of battered woman’s syndrome.” Why not?
The Battered Woman Syndrome (BWS) is a valid defence. The defence argues that battered women can only escape life-threatening forms of abuse by murdering their husbands (U.S. Department of Justice, 1996). In this case, Gwen has suffered constant abuse from his late husband, Jerry. The BWS defence qualifies if the woman had been held hostage, thus unable to leave the abusive husband. However, in Gwen’s case, the two seemed to get along at times. Their playfulness turned into ugly fights, for instance, Jerry dragging Gwen in the snow. Gwen’s return to the household, even after the numerous physical assaults when she could leave, introduces significant confusion over whether she falls under the BWS defence category. Thus, the judge’s statement may have referred to the varying circumstances that are not captured by the defence.
Would you be able to formulate an effective legal description of battered woman’s syndrome? If so, what would it be?
An effective legal description of battered woman’s syndrome would highlight the effort to leave the abusive home unsuccessfully. A woman who decides to stay in an abusive marriage while they can access their basic needs through other means cannot use this defence to get away from her husband. Lack of evidence that shows any restraining aspects, such as denial of access to children, being held hostage, or threats to cause harm or end their life, eliminates the possibility of using the defence.
Miller claimed to be sane before and after the killing but insane during the time the crime was committed. His attorneys asked that, at the end of the trial, the jury be instructed on the issue of temporary insanity and that they be told that “regardless of its duration, legal insanity that existed at the time of the commission of the crime is a defense to the crime.” Why do you think that the trial court refused to give the jury instructions regarding the insanity defence, which the defendant wished to have communicated?
According to the certified psychiatrist, Miller was temporarily insane at the time of the commission of the crime. Despite Miller having satisfied the M’Naghten test for insanity, it was not possible to use it in Nevada legal processes. The trial court refused this insanity defence on this basis despite Miller having satisfied all requirements.
In this case, the appellate court reversed the defendant’s conviction and remanded the case for a new trial. On what basis was that decision reached? Do you agree that the appellate court should have reached such a decision? Why, or why not?
The appellate court decided to reverse the defendant’s conviction and remanded the case for a new trial because Miller was qualified to use temporary insanity as a defense in other states. The decision to reverse the case was appropriate because Miller had satisfied M’Naghten’s insanity test (Kreutzer, DeLuca, & Caplan, 2011). The relevant psychologists confirmed this information after performing the necessary tests. Thus, reversing the ruling was a fair decision for the defendant.
What does this case have to tell us about the difference between insanity and temporary insanity? Are differences between the two terms significant in cases such as this one? Why, or why not?
According to this case, it is possible for an individual to suffer from insanity on a permanent or temporary basis. The M’Naghten test for insanity requires an individual to prove mental impairment during the commission of the crime (Kreutzer, DeLuca, & Caplan, 2011). The only difference between insanity and temporary insanity is that the former occurs permanently while the latter is periodic. As observed in the case, Miller suffered from mental illness from time to time, which impaired his judgement. During the time when the crime was committed, Miller could not understand his actions. However, he did understand immediately, and he returned to soundness. In a different case, insanity would be determined by the temporary mental impairment of an individual, rendering them unreasonable.
Conclusion
Based on the cases under discussion, it is clear that court rulings vary among states. The difference is determined by the application of specific defenses such as temporary insanity. Thus, a ruling can be appealed in a high court for a different sentence. Circumstances of a crime also determine the application of these defenses.
References
Kreutzer, J. S., DeLuca, J., & Caplan, B. (2011). M’Naghten Rule. Encyclopedia of Clinical Neuropsychology. doi:https://doi.org/10.1007/978-0-387-79948-3_839
U.S. Department of Justice. (1996). The Validity and Use of Evidence Concerning Battering and Its Effects in Criminal Trials. Retrieved from https://www.ojp.gov/pdffiles/
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Question 
Refer back to the two reading assignments for this unit. Then, write an essay that answers the questions listed below.
Read “Can a Defendant Who Lies About her Role in Spousal Homicide Still Raise a “Battered Woman’s” Defense?” and answer the questions below.
The Illinois Appellate Court, citing a U.S. Supreme Court Justice, says that “Perhaps we could never succeed in intelligibly defining the kinds of matter we understand to be embraced within the shorthand description of battered woman’s syndrome.” Why not?
Law- Differences in Insanity & Temporary Insanity
Would you be able to formulate an effective legal description of battered woman’s syndrome? If so, what would it be?
Read “Is there a Meaningful Difference Between ‘Insanity’ and ‘Temporary Insanity’?” and answer the questions below.
Miller claimed to be sane before and after the killing but insane during the time the crime was committed. His attorneys asked that, at the end of the trial, the jury be instructed on the issue of temporary insanity and that they be told that “regardless of its duration, legal insanity that existed at the time of the commission of the crime is a defence to the crime.” Why do you think that the trial court refused to give the jury instructions regarding the insanity defence, which the defendant wished to have communicated?
In this case, the appellate court reversed the defendant’s conviction and remanded the case for a new trial. On what basis was that decision reached? Do you agree that the appellate court should have reached such a decision? Why, or why not?
What does this case have to tell us about the difference between insanity and temporary insanity? Are differences between the two terms significant in cases such as this one? Why, or why not?
Your essay will be a minimum of two pages in length, not counting the title and reference pages. Your essay should contain a clear introduction and be well-organized.
You are required to use at least two resources to support your essay, one of which may be your textbook. All resources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. Your essay, including all references, will be formatted in APA style.