Do Now  Place a + next to a statement that you agree with, an OK next to a statement that partially agree with, and a – next to a statement that you disagree with. 1. Insanity pleas should be used for individuals with a history of mental illness. 2. Insanity pleas are overused by people trying to get off easy. 3. Insanity pleas are most often used in murder cases. 4. People found insane should spend equal or more time in a psychiatric hospital than they would have spent in jail.

INSANITY PLEA

Andrea Yates Case  Newsclip

What are the classifications? Competency to stand trial Insanity defense Guilty but mentally ill

Competency To Stand Trial  Mental state at time of trial  Basically, does the defendant know the charges?

Insanity Plea  Mental state at the time of the crime itself  Most states use the M’Naughten rule..  Woodcutter that tried to kill the prime minister  Found he did not know what he was doing so he didn’t know it was wrong  Aka the right/wrong test  *Montana, Idaho & Utah don’t allow the insanity defense at all*

Guilty but mentally ill (GMI)  Doesn’t eliminate insanity defense  Just an alternative for defendants who are clearly mentally ill, but whose illness is not severe enough to relieve him of criminal responsibility  Same sentencing as if guilty  Goes to treatment for duration of sentence  If “cured” before then, goes back to jail until term is up

With a Partner…  Make a chart on a piece of paper Pro-Insanity PleaAnti-Insanity Plea

Andrea Yates.. Two Sides  Each partner will read a different article about Andrea Yates  Opposing opinions  While reading, fill in the chart:  Arguments for the insanity plea  What cases do they use to support their arguments?  (Each side should have at least 5)

With a Partner…  Make a chart on a piece of paper Pro-Insanity PleaAnti-Insanity Plea -5 arguments that support that Andrea Yates was insane -5 arguments that show Andrea Yates knew what she was doing and was not insane -Hint: Focus on the back page

Insanity Plea Worksheet