Irresistible-Impulse Control Case
In January 1843, at the parish of Saint Martin, Middlesex, Daniel M’Naghten took a pistol and shot Edward Drummond, who he believed to the British Prime Minister Robert Pell, wounding him fatally. Drummond died five days later and M’Naghten was charged with his murder. At the time of his arrest, he told police that he came to London to murder the Prime Minister because he was told to do so. He pleaded not guilty by reason of insanity (LawTeacher, 2017).
Accordingly, M’Naghten was not capable of exercising control over his acts while under his delusion. Due to the nature of M’Naghten’s condition these delusions went on gradually until they reached a climax, ending with Drummond being shot. Evidence brought before the Court about the condition …show more content…
The irresistible-impulse or control test has been used to remedy this problem. Now, how does one distinguish the difference between behavior that is uncontrollable and behavior that is simply uncontrolled? It is stated in the American Law Institute’s Model Penal Code, “that if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law” (Bohm & Haley, 2008, pp. 34). It is determined solely by the judgement and testimony of medical experts. These experts must follow guidelines to make this …show more content…
When dealing with ethical issues related to mental illness, a concern is the notion that criminal justice practitioners are not generally trained extensively on how to handle mentally ill individuals. Certain offenders are particularly demanding because much of what they experience is misunderstood. For all members of the criminal justice community there is a call to treat people with fairness and equity. People who encounter those that have severe mental illnesses, must recognize the signs and symptoms of these illnesses and respond effectively and appropriately to those who are experiencing psychiatric crises. Most importantly, to establish an insanity defense, it must be clearly proven that at the time of the act, the accused was under such a defect of reason from disease of the mind that he did not know the nature and quality of the act he was committing; or if he did, he did not know what he was doing was wrong (Cheeseman, San Miguel, Frantzen, & Nored, 2011). References
Bohm, R.M., Haley, K.N., (2008). Crime and its consequences. Introduction to Criminal Justice, 5th edition, The McGraw-Hill Companies.
Cheeseman, K., San Miguel, C., Frantzen, D., & Nored, L. (2011). Ethics and unique/emerging issues in criminal justice. Everyday Ethics for the Criminal Justice Professional. Carolina Academic Press.
LawTeacher, (2017). R V M’Naghten
Accordingly, M’Naghten was not capable of exercising control over his acts while under his delusion. Due to the nature of M’Naghten’s condition these delusions went on gradually until they reached a climax, ending with Drummond being shot. Evidence brought before the Court about the condition …show more content…
The irresistible-impulse or control test has been used to remedy this problem. Now, how does one distinguish the difference between behavior that is uncontrollable and behavior that is simply uncontrolled? It is stated in the American Law Institute’s Model Penal Code, “that if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law” (Bohm & Haley, 2008, pp. 34). It is determined solely by the judgement and testimony of medical experts. These experts must follow guidelines to make this …show more content…
When dealing with ethical issues related to mental illness, a concern is the notion that criminal justice practitioners are not generally trained extensively on how to handle mentally ill individuals. Certain offenders are particularly demanding because much of what they experience is misunderstood. For all members of the criminal justice community there is a call to treat people with fairness and equity. People who encounter those that have severe mental illnesses, must recognize the signs and symptoms of these illnesses and respond effectively and appropriately to those who are experiencing psychiatric crises. Most importantly, to establish an insanity defense, it must be clearly proven that at the time of the act, the accused was under such a defect of reason from disease of the mind that he did not know the nature and quality of the act he was committing; or if he did, he did not know what he was doing was wrong (Cheeseman, San Miguel, Frantzen, & Nored, 2011). References
Bohm, R.M., Haley, K.N., (2008). Crime and its consequences. Introduction to Criminal Justice, 5th edition, The McGraw-Hill Companies.
Cheeseman, K., San Miguel, C., Frantzen, D., & Nored, L. (2011). Ethics and unique/emerging issues in criminal justice. Everyday Ethics for the Criminal Justice Professional. Carolina Academic Press.
LawTeacher, (2017). R V M’Naghten