Should psychopaths be able to plead insanity? Why or why not?
Yes … but. In the American system of justice, you must prove that the person “intended” to commit a crime (with few exceptions). Thus, to commit murder (for example), you must INTEND to kill someone unlawfully. If you do not have the requisite intent, you cannot be found guilty. For example, if you are (literally) cleaning a gun by yourself, barrel is up and out, you inadvertently discharge the weapon, the bullet goes through a window, and hits a hunter in a tree stand 200 yards away, you would not be found guilty as you did not intend to kill anyone. In the case of insanity, the argument is, really, that you are so sick that you are unable to form the requisite intent. To do this, you must prove that you were so sick that you either (a) were unable to appreciate the wrongfullness of your conduct; or (b) due to psychosis, you were literally unable to stop yourself from committing the wrongful act. The first step is most easily illustrated with the mentally retarded child who, unknowi
