Abolish the insanity loophole
The insanity defence is a loophole that should be abolished and use a criminal charge
applying the traditional common law principles of men, intentions, recklessness and general
knowledge to all criminal cases. The insanity defence does not include all the offenders
confirmed to be mentally ill. Therefore, current strategies and procedures for dealing with people
proved to have levels of insanity and convicted sick mentally should be instituted. It is difficult
to differentiate between criminal and non-criminal actions using conditions of mental illness
levels. I firmly believe that mental illness is an irrelevant technique for determining criminal
responsibility compared to other biological and social factors that could determine an
individual’s behaviour. Reflectively, John W. Hinckley made a verdict based on the insanity
defence, which raised a concern that guilty people escape the truth by leaning on the aspect of
insanity. The insanity defence is a loophole that needs to be closed by changing the test of
insanity, shifting the burden of proof to the defendant. Thus, the insanity defence needs to be
abolished because it impacts crime, especially in murder cases.