Share on Facebook Share on Twitter Email
Answers.com

insanity

 
(ĭn-săn'ĭ-tē) pronunciation
n., pl., -ties.
  1. Mental illness or derangement. No longer in scientific use.
  2. Law.
    1. Unsoundness of mind sufficient in the judgment of a civil court to render a person unfit to maintain a contractual or other legal relationship or to warrant commitment to a mental health facility.
    2. In most criminal jurisdictions, a degree of mental malfunctioning sufficient to relieve the accused of legal responsibility for the act committed.
    1. Extreme foolishness; folly.
    2. Something that is extremely foolish.

SYNONYMS   insanity, lunacy, madness, mania, dementia. These nouns denote conditions of serious mental disability. Insanity is a grave, often prolonged condition that prevents a person from being held legally responsible for his or her actions: was judged not guilty for reasons of insanity. Lunacy often denotes derangement relieved intermittently by periods of clear-mindedness: yelled wildly in a moment of utter lunacy. Madness often stresses the violent aspect of mental illness: a story about obsession and madness. Mania refers principally to the excited, or manic, phase of bipolar disorder: prescribed drugs to control the patient's periods of mania. Dementia implies mental deterioration brought on by an organic brain disorder: underwent progressive stages of dementia.


Search unanswered questions...
Enter a question here...
Search: All sources Community Q&A Reference topics

In criminal law, a disease, defect, or condition of the mind that renders one unable to understand the nature of a criminal act or the fact that it is wrong. Tests of insanity are not intended as medical diagnoses but rather only as determinations of whether a person may be held criminally responsible for his or her actions. The most enduring definition of insanity in Anglo-American law was that proposed by Alexander Cockburn (1843). Many U.S. states and several courts have adopted a standard under which the accused must lack "substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." Some states have abolished the insanity plea, and others allow a finding of "guilty but mentally ill." See also diminished responsibility.

For more information on insanity, visit Britannica.com.

Roget's Thesaurus:

insanity

Top

noun

  1. Serious mental illness or disorder impairing a person's capacity to function normally and safely: brainsickness, craziness, dementia, derangement, disturbance, insaneness, lunacy, madness, mental illness, psychopathy, unbalance. Psychiatry mania. Psychology aberration, alienation. See sane/insane.
  2. Foolish behavior: absurdity, folly, foolery, foolishness, idiocy, imbecility, lunacy, madness, nonsense, preposterousness, senselessness, silliness, tomfoolery, zaniness. Informal craziness. See ability/inability.


n

Definition: mental illness; foolishness
Antonyms: balance, sanity, sense, soundness, wellness


In Jewish law, an insane person (shoteh) is regarded as incompetent and irresponsible in all respects. He is exempt from the performance of all commandments; his testimony is not accepted in court; his contractual obligations---such as sale of property or entering into marriage or granting his wife a divorce (if he married her while sane)---are null and void; he is not liable for any damage that he caused or for assault, although others who assaulted him must compensate him (BK 87a). It is assumed that he has no sense of shame, so one who shames him bears no liability (ibid. 86b). Moreover, if someone dispatchesd a shoteh with a torch to set fire to someone's property, the sender is liable (ibid. 59b). An insane person may not marry, since he/she cannot give the consent legally required for marriage. If a man's wife becomes insane, he may not divorce her for fear she may be sexually abused (Git. 71b). Since he cannot maintain normal conjugal relations with her, he may marry another woman despite the ban against bigamy, on condition that hundred rabbis sign a release and he makes arrangements for the proper maintenance of his insane wife (EH, 1:10).

The Talmud enumerates as symptoms of a person's mental incompetence: going out alone at night; remaining overnight in a cemetery; tearing one's garment (provided there is no rational explanation for such acts; Ḥag. 3b). Maimonides adds: "A shoteh is not only one who walks about naked or breaks vessels or throws stones, but also one whose mind is deranged and is always confused about matters; even though he speaks and asks pertinent questions, he is included among the mentally incompetent" (Hilkhot Edut 9:9).

Some persons are subject to temporary spells of insanity; when sane they are regarded as normal in all respects and when insane they are regarded as insane in all respects (RH 28a; Ket. 20a). See also ḥeresh, Shoteh Ve-Katan.


Columbia Encyclopedia:

insanity

Top
insanity, mental disorder of such severity as to render its victim incapable of managing his affairs or of conforming to social standards. Today, the term insanity is used chiefly in criminal law, to denote mental aberrations or defects that may relieve a person from the legal consequences of his or her acts. The case of Daniel McNaughtan, who was found not guilty by reason of insanity after making an assassination attempt on British prime minister Robert Peel (1834), gave rise to the modern insanity defense used in many Western nations today. In the United States, the 1954 case of Durham v. the United States led to the establishment of new rules for testing defendants. Today, psychologists may perform tests to determine whether or not the defendant is mentally stable. Such tests try to ascertain whether or not a defendant can distinguish right from wrong, and whether or not he acted on an "irresistible impulse." John Hinckley's assassination attempt on Ronald Reagan (1981) became another landmark in the history of the insanity defense. The court's initial verdict of "not guilty by reason of insanity" generated public outcry and renewed interest in the verdict of "guilty but mentally ill," which is permissible in some states. This verdict allows defendants deemed mentally ill to be hospitalized but requires them to carry out a reasonable prison sentence as well. In 1983, the Supreme Court ruled it permissable to keep a mentally ill defendant hospitalized for a term longer than the maximum sentence for the crime with which the defendant was charged. Many have contended that the insanity defense is nothing more than a legal loophole, allowing serious criminals to escape imprisonment. In fact, the plea is rarely employed in the United States, and it is estimated that less than 1% of defendants have used it successfully. Recent years have seen the restrictions surrounding insanity defense considerably narrowed, with the sole criteria for a successful plea being the determination of whether or not the defendant knew he was breaking the law.

Bibliography

See R. Simon and D. Aaronson, The Insanity Defense (1988); R. Porter, A Social History of Madness: The World Through the Eyes of the Insane (1989).


Not mentally responsible, to some degree (the degree depending on the legal transaction in relation to which it is employed). 232 F. Supp.
255, 257. The term may be used to signify lack of criminal responsibility, need for commitment to a mental institution, inability to transact business, inability to stand trial (i.e., unable to assist in one’s own defense). See 214 A. 2d 393, 405. “In criminal law, ‘insanity,’ by whatever test it may be ascertained, may be said to be that degree or quantity of mental disorder which relieves one of the criminal responsibility for his actions.” 316 P.
2d 917, 919. It is a legal, not medical, standard. Compare incompetence. See also diminished capacity, non compos mentis, not guilty [not guilty by reason of insanity].
There are three main tests governing insanity defenses: The m’naghten rule was the common law test of criminal responsibility.
8 Eng. Rep. 718. A person was not responsible for criminal acts if as a result of a mental disease or defect he or she did not understand what he or she did or that it was wrong, or was under a delusion (but not otherwise insane) which, if true, would have provided a good defense. The person is unable to distinguish right from wrong. See M’Naghten rule. The first major modification of the M’Naghten Rule was the durham rule which states that “an accused is not criminally responsible if his unlawful act was the product of men- tal disease or defect.” 214 F. 2d 862, 874–75. See Durham rule. Some jurisdictions employ an irresistible impulse test, sometimes referred to as an uncontrollable impulse test or emotional insanity.
It applies when a defendant understands the nature and consequences of his or her act and understands that it is wrong but is unable to resist the impulse to commit the act because of mental disease or defect.
Most federal courts and many state courts and legislatures have adopted the American Law Institute’s Model Penal Code §4.01(1) (1962) test which combines many of the elements of the M’Naghten and Durham tests. The ali test (which is synonymous with the model penal code test or the substantial capacity test) states that “A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [or alternatively, wrongfulness] of his conduct or to conform his conduct to the requirements of law.” The ali test further provides that the “terms ‘mental disease or defect’ do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.” Id. at §4.01(2). This language is designed to exclude the sociopathic or psychopathic criminal.
Since a person found to be insane at the time of the commission of the criminal act could not have the necessary mental state to commit a crime, the finding of insanity is a complete acquittal to the charge. Moreover, since such a finding is based on the defendant’s state at the time of the crime, the finding does not necessarily relate to the defendant’s mental state at the time of trial and therefore does not logically lead to the conclusion that the defendant is sufficiently incompetent to be involuntarily committed in a mental institution.
Further, insanity provides a ground for rescinding a contract or will when it is shown that the contracting party did not understand the nature of his or her act or the extent of his or her property.
The insanity defense must be distinguished from the concept of “capacity to stand trial,” which is based on the defendant’s ability to assist in his defense and his understanding of the charges against him. See Beran & Toomey, Mentally Ill Offenders and the Criminal Justice System 11 (1979).
While the insanity defense affects a person’s culpability, lack of capacity to stand trial does not bar a subsequent trial for the charges against him when and if the condition ceases. See capacity, competent.
Quotes About:

Insanity

Top

Quotes:

"I saw the best minds of my generation destroyed by madness, starving hysterical naked." - Allen Ginsberg

"Man disavows, and Deity disowns me: hell might afford my miseries a shelter; therefore hell keeps her ever-hungry mouths all bolted against me." - William Cowper

"I teach that all men are mad." - Horace

"Let us consider that we are all partially insane. It will explain us to each other; it will unriddle many riddles; it will make clear and simple many things which are involved in haunting and harassing difficulties and obscurities now." - Mark Twain

"Insanity destroys reason, but not wit." - Nathaniel Emmons

"Insanity is often the logic of an accurate mind overtasked." - Oliver Wendell Holmes

See more famous quotes about Insanity

Random House Word Menu:

categories related to 'insanity'

Top
Random House Word Menu by Stephen Glazier
For a list of words related to insanity, see:
  • Syndromes, Disorders, and Conditions - insanity: legal definition of personality disturbance that causes an inability to bear responsibility for one’s actions
  • Insanity - insanity: various deranged states of mind, mental disorders, conditions, and incapacity; dementia; lunacy; madness


Engraving of the eighth print of William Hogarth's A Rake's Progress depicting Inmates at Bedlam Asylum

Insanity, craziness or madness is a spectrum of behaviors characterized by certain abnormal mental or behavioral patterns. Insanity may manifest as violations of societal norms, including a person becoming a danger to themselves or others, though not all such acts are considered insanity. In modern usage insanity is most commonly encountered as an informal unscientific term denoting mental instability, or in the narrow legal context of the insanity defense. In the medical profession the term is now avoided in favor of diagnoses of specific mental disorders; the presence of delusions or hallucinations is broadly referred to as psychosis.[1] When discussing mental illness in general terms, "psychopathology" is considered a preferred descriptor.[2]

In English, the word "sane" derives from the Latin adjective sanus meaning "healthy". The phrase "mens sana in corpore sano" is often translated to mean a "healthy mind in a healthy body". From this perspective, insanity can be considered as poor health of the mind, not necessarily of the brain as an organ (although that can affect mental health), but rather refers to defective function of mental processes such as reasoning. A Latin phrase for "sane" is "compos mentis" (lit. "of composed mind"), and a euphemistic term for insanity is "non compos mentis". In law, mens rea means having had criminal intent, or a guilty mind, when the act (actus reus) was committed.

A more informal use of the term insanity is to denote something considered highly unique, passionate or extreme, including in a positive sense. A notable example has been the use of the phrase 'insanely great' in the launch of the Apple Macintosh, subsequently also used to describe one of its developers.[3][4] The term may also be used as an attempt to discredit particular ideas or their proponents, such as in politics.

Contents

Historical views and treatment

Madness, the non-legal word for insanity, has been recognized throughout history in every known society. Primitive cultures turned to witch doctors or shamans to apply magic, herbal mixtures, or folk medicine to rid deranged persons of evil spirits or bizarre behavior, for example.[5] Archaeologists have unearthed skulls (at least 7000 years old) that have small round holes bored in them using flint tools. It has been conjectured that the subject may have been thought to have been possessed by devils which the holes would allow to escape.[6] However, more recent research on the historical practice of trepanation supports the hypothesis that this procedure was medical in nature and intended as means of treating cranial trauma.[7]

In ancient Israel it was held that disturbances of the mind or emotions were caused by "supernatural forces" or an angry God, as a punishment for sin or failure to follow the commandments. The Old Testament is replete with references to kings and commoners that go insane, and the Jewish prophets were thought to be psychologically abnormal because they acted in strange ways, departed markedly from the norm in appearance, and foretold of future events that few understood.[8]

The Greeks replaced concepts of the supernatural with a secular view, believing that afflictions of the mind did not differ from diseases of the body. They saw mental and physical illness as a result of natural causes and an imbalance in bodily humors. Hippocrates frequently wrote that an excess of black bile resulted in irrational thinking and behavior.[8]

Romans made further contributions to psychiatry, in particular the precursor to contemporary practice. They put forth the idea that strong emotions could lead to bodily ailments, the basis of today’s theory of psychosomatic illness. The Romans also supported humane treatment of the mentally ill, and to support such codified into law the principle of insanity as a mitigation of responsibility for criminal acts,[9] although the criterion for insanity was sharply set as the defendant had to be found "non compos mentis", a term meaning with "no power of mind".[10]

The Middle Ages, however, witnessed the end of the progressive ideas of the Greeks and Romans.[clarification needed]

During the 18th century, the French and the British introduced humane[citation needed] treatment of the clinically insane, though the criteria for diagnosis and placement in an asylum were considerably looser than today, often including such conditions as Speech disorder, speech impediments, epilepsy and depression.

Europe's oldest asylum is the Bethlem Royal Hospital of London, also known as Bedlam, which began admitting the mentally ill in 1403. The first American asylum was built in Williamsburg, Virginia, circa 1773. Before the 19th century these hospitals were used to isolate the mentally ill or the socially ostracized from society rather than cure them or maintain their health. Pictures from this era portrayed patients bound with rope or chains, often to beds or walls, or restrained in straitjackets.

In medicine

Insanity is no longer considered a medical diagnosis but is a legal term in the United States, stemming from its original use in common law.[11] The disorders formerly encompassed by the term covered a wide range of mental disorders now diagnosed as organic brain syndromes, schizophrenia, bipolar disorder and other psychotic disorders.[1]

Legal use of the term

In United States criminal law, insanity may serve as an affirmative defense to criminal acts and thus does not need to negate an element of the prosecution's case such as general or specific intent.[12] The States differ somewhat in their definition of insanity but most follow the guidelines of the Model Penal Code. All jurisdictions require a sanity evaluation to address the question first of whether or not the defendant has a mental illness.

Most courts accept a major mental illness such as psychosis but will not accept the diagnosis of a personality disorder for the purposes of an insanity defense. The second question is whether the mental illness interfered with the defendant's ability to distinguish right from wrong. That is, did the defendant know that the alleged behavior was against the law at the time the offense was committed.

Additionally, some jurisdictions add the question of whether or not the defendant was in control of their behavior at the time of the offense. For example, if the defendant was compelled by some aspect of their mental illness to commit the illegal act, the defendant could be evaluated as not in control of their behavior at the time of the offense.

The forensic mental health specialists submit their evaluations to the court. Since the question of sanity or insanity is a legal question and not a medical one, the judge and or jury will make the final decision regarding the defendant's status regarding an insanity defense.[13][14]

In most jurisdictions within the United States, if the insanity plea is accepted, the defendant is committed to a psychiatric institution for at least 60 days for further evaluation, and then reevaluated at least yearly after that.

Insanity is generally no defense in a civil lawsuit. However, in civil cases, the insanity of the plaintiff can toll the statute of limitations for filing a suit until the plaintiff has recovered from this condition, or until a statute of repose has run.

Feigned insanity

Feigned insanity is the simulation of mental illness in order to avoid or lessen the consequences of a confrontation or conviction for an alleged crime. A number of treatises on medical jurisprudence were written during the nineteenth century, the most famous of which was Isaac Ray in 1838 (fifth edition 1871); others include Ryan (1832), Taylor (1845), Wharton and Stille (1855), Ordronaux (1869), Meymott (1882). The typical techniques as outlined in these works are the background for Dr. Neil S. Kaye's widely recognized guidelines that indicate an attempt to feign insanity.[15]

One particularly famous example of someone feigning insanity was the case of Mafia boss Vincent Gigante, who pretended for years to be suffering from dementia, and was often seen wandering aimlessly around his neighborhood in his pajamas muttering to himself. However, testimony from informants and surveillance showed that Gigante was in full control of his faculties the whole time, and ruled over his Mafia family with an iron fist.[16]

Today feigned insanity is considered malingering. In a 2005 court case, United States v. Binion, the defendant was prosecuted and convicted for obstruction of justice (adding to his original sentence) because he feigned insanity in a Competency to Stand Trial evaluation.

References

  1. ^ a b L M Tierney, S J McPhee, M A Papadakis (2002). Current medical Diagnosis & Treatment. International edition. New York: Lange Medical Books/McGraw-Hill. pp. 1078–1086. ISBN 0-07-137688-7. 
  2. ^ An interview with Dr. Joseph Merlino, David Shankbone, Wikinews, October 5, 2007.
  3. ^ why-the-macintosh-was-insanely-great
  4. ^ Insanely great: A balanced portrait of a complicated and compelling man The Economist October 29, 2011
  5. ^ Weinstein, Raymond M. (2007) "madness" in George Ritzer (ed.) The Blackwell Encyclopedia of Sociology, Blackwell Publishing, 2007, pp. 2693-2695
  6. ^ Porter, Roy (2002) Madness-A Brief History, Oxford University Press, 2002, p.10, isbn 0192802666
  7. ^ Andrushko, Valerie A.; Verano, John W. (1 September 2008). "Prehistoric trepanation in the Cuzco region of Peru: A view into an ancient Andean practice". American Journal of Physical Anthropology 137 (1): 11–12. doi:10.1002/ajpa.20836. 
  8. ^ a b Weinstein 2007, p. 2693
  9. ^ Craighead, W. Edward (2002). The Corsini Encyclopedia of Psychology and Behavioral Science. John Wiley and Sons. p. 941. ISBN 0471270822. 
  10. ^ Robinson, Daniel N. (1995). An intellectual history of psychology. Univ of Wisconsin Press. p. 305. ISBN 0299148440. 
  11. ^ Tighe, Janet A. (2005). ""What’s in a Name?": A Brief Foray into the History of Insanity in England and the United States". Journal of the Academy of American Psychiatry and the Law 33 (2): 252. PMID 15985670. http://www.jaapl.org/cgi/content/full/33/2/252?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&searchid=1&FIRSTINDEX=40&minscore=5000&resourcetype=HWCIT. Retrieved 2007-10-20. 
  12. ^ "Criminal Responsibility and Intent -- Poortinga and Guyer 35 (1): 124 -- Journal of the American Academy of Psychiatry and the Law Online". Journal of the American Academy of Psychiatry and the Law Online (www.jaapl.org) 35 (1): 124. 2007. http://www.jaapl.org/cgi/content/full/35/1/124?maxtoshow=&HITS=10&hits=10&RESULTFORMAT=&searchid=1&FIRSTINDEX=0&minscore=5000&resourcetype=HWCITCriminal. Retrieved 2008-02-22. 
  13. ^ Shapiro, David L. (1991). Forensic Psychological Assessment: An Integrative Approach. Needham Heights, MA: Simon & Schuster. pp. 70–72. ISBN 0-205-12521-2. 
  14. ^ Gary, Melton (1997). Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers (2nd ed.). New York: The Guilford Press. pp. 186–248. ISBN 1-57230-236-4. 
  15. ^ Neil S. Kaye M.D.. "Feigned Insanity in Nineteenth Century America Legal Cases" (PDF). http://courtpsychiatrist.com/pdf/Feigned%20Insanity%20in%20Nineteenth.pdf. 
  16. ^ Selwyn, Rabb (19 December 2005). "Vincent Gigante, Mafia Leader Who Feigned Insanity, Dies at 77". New York Times. http://www.nytimes.com/2005/12/19/obituaries/19cnd-gigante.html?pagewanted=1&_r=1. Retrieved 24 April 2011. 

External links


 
 
Related topics:
dementophobia
madness
normality

Related answers:
What determines insanity? Read answer...
What are the signs of insanity? Read answer...
What is temporary insanity? Read answer...

Help us answer these:
Who is indie insanity?
Where can get the insanity calendar?
Why are you for the insanity defense?

Post a question - any question - to the WikiAnswers community:

 

Copyrights:

American Heritage Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Britannica Concise Encyclopedia. Britannica Concise Encyclopedia. © 1994-2012 Encyclopædia Britannica, Inc. All rights reserved.  Read more
Roget's Thesaurus. Roget's II: The New Thesaurus, Third Edition by the Editors of the American Heritage® Dictionary Copyright © 1995 byHoughton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.  Read more
Answers Corporation Antonyms by Answers.com. © 1999-present by Answers Corporation. All rights reserved.  Read more
Encyclopedia of Judaism. The New Encyclopedia of Judaism. Copyright © 1989, 2002 by G.G. The Jerusalem Publishing House, Ltd. All rights reserved.  Read more
Columbia Encyclopedia. The Columbia Electronic Encyclopedia, Sixth Edition Copyright © 2012, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/ Read more
Barron's Law Dictionary. Law Dictionary. Copyright © 2003 by Barron's Educational Series, Inc. All rights reserved.  Read more
Quotes About. Copyright © 2005 QuotationsBook.com. All rights reserved.  Read more
Random House Word Menu. © 2010 Write Brothers Inc. Word Menu is a registered trademark of the Estate of Stephen Glazier. Write Brothers Inc. All rights reserved.  Read more
Wikipedia on Answers.com. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article Insanity Read more

Follow us
Facebook Twitter
YouTube