Insanity Defense in the United Research Paper

If the Texas legislature would consider the addition of a volitional provision, no matter what form they might choose, would mark a substantial improvement to what presently exists. Such addition would represent a modernization in attitude and would allow the law in Texas to comport more closely with the prevailing societal views on mental health. Those with severe mental health issues deserve the opportunity of having their conditions treated. Lacking the capacity to make reasoned and rational decisions should not subject one to criminal sanctions.

In conclusion, convincing a historically conservative Texas legislature to enact significant changes in the insanity defense laws will be an uphill battle. Attempts have been made from time to do so and all such attempts have met with failure. The political climate in Texas is presently not conducive to radical or even moderate change on this issue. Law and order platforms are the popular choice in Texas and there is little room in such platforms for changes regarding the mentally ill. So, regardless of the moral rightness of advocating for such changes, there is little support either in the Texas legislature or the general public for making these changes.For the present, Texas law will continue to ignore the information that modern science provides regarding the criminal culpability of mental ill defenses and make incarceration the only available method for handling mentally ill defendants.

References

Bard, J.S. (2005). Re-arranging Deck Chairs on the Titanic: Why the Incarceration of Individuals with Serious Illness Violates Public Health, Ethical, and Constitutional Principles and Therefore Cannot be made right by Piecemeal Changes to the Insanity Defense. Houston Journal Health Law & Policy .

Clark v. Arizona, 126 S. Ct. 2709 (U.S. Supreme Court 2006).

Dix, G.E. (2005, December 4). Texas Must Refine Insanity Standard. San Antonio Express-News, p. 5H.

English, J. (1988). Light between Twilight and Dusk: Federal Criminal Law and the Volitiional Insanity Defense. Hasting Law Journal, 1-52.

Kari & Associates. (1994). Mental Illness and Criminal Insanity. Retrieved June 19, 2011, from….....