History Main / InsanityDefense

11th Aug '17 11:43:37 AM Anicomicgeek
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** The general consensus is that the insanity defense is almost guaranteed to work in the Gotham court system regardless of how much sense it makes legally, but since it means going to Arkham, [[IncrediblyLamePun you'd need to be crazy]] to try it. In ''ComicBook/ArkhamAsylumLivingHell'', one white-collar criminal, unfamiliar with Gotham, made this mistake and found himself in Arkham instead of the cushy rehab center he expected to be sent to. Things didn't go well for him.
*** Said white-collar criminal was Warren White, an embezzler who stole millions of dollars. An encounter with Mr. Freeze left him without hair, ears, nose, and lips. After this, Killer Croc attacked him, slashing his throat and giving him "gills". Then he (Warren White) filed his teeth to points and took the name "Great White Shark".

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** The general consensus is that the insanity defense is almost guaranteed to work in the Gotham court system regardless of how much sense it makes legally, but since it means going to Arkham, [[IncrediblyLamePun you'd need to be crazy]] to try it. In ''ComicBook/ArkhamAsylumLivingHell'', one white-collar criminal, Warren White, an embezzler who stole millions of dollars and unfamiliar with Gotham, made this mistake and found himself in Arkham instead of the cushy rehab center he expected to be sent to. Things didn't go well for him.
*** Said white-collar criminal was Warren White, an embezzler who stole millions of dollars. An encounter with Mr. Freeze left him without hair, ears, nose, and lips. After this,
him. Killer Croc attacked him, slashing his throat and giving him "gills". "gills". Then he (Warren White) an encounter with with Jane Doe in Mr. Freeze's specialized cell left him without hair, ears, nose, and lips. Then White filed his teeth to points and took the name "Great White Shark".



* When Hal Jordan, GreenLantern, fought an opponent code-named the Aerialist, it became obvious that the Aerialist was under a severe delusion making him believe that his criminal actions were entirely legal and correct. Hal referenced the M'Naghten rules when wrapping up the case, his opinion being that the Aerialist would qualify for an insanity defense.

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* When Hal Jordan, GreenLantern, Franchise/GreenLantern, fought an opponent code-named the Aerialist, it became obvious that the Aerialist was under a severe delusion making him believe that his criminal actions were entirely legal and correct. Hal referenced the M'Naghten rules when wrapping up the case, his opinion being that the Aerialist would qualify for an insanity defense.
10th Aug '17 1:41:53 PM ironballs16
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* The misunderstood version appears in ''[[https://en.wikipedia.org/wiki/15_Minutes 15 Minutes]]'', in which the murderers exploit IfItBleedsItLeads and plan to plead this, get sent to an asylum, be suddenly "cured", and make a killing by selling the story afterwards.
** However, this falls apart due to his misunderstanding of Double Jeopardy in the US - it only attaches when a ''verdict'' is rendered, so if no verdict is rendered (as is the case with this defense)... Also, there are laws on the books ''specifically'' to prevent those found Guilty of a crime from profiting off of it.
9th Aug '17 10:15:33 PM PaulA
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* ''Literature/OneFlewOverTheCuckoosNest'' deconstructs the trope; playing insane got [=McMurphy=] transferred into a mental institution, which he ''knows'' about and thinks is better than prison. [[BedlamHouse He is sorely mistaken.]]

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* ''Literature/OneFlewOverTheCuckoosNest'' ''Film/OneFlewOverTheCuckoosNest'' deconstructs the trope; playing insane got [=McMurphy=] transferred into a mental institution, which he ''knows'' about and thinks is better than prison. [[BedlamHouse He is sorely mistaken.]]
25th Jul '17 1:23:22 AM SeptimusHeap
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** Harley herself almost qualifies, as she's something of a textbook case of StockholmSyndrome made worse by being sent back to Arkham right along with the Joker, her abuser. Her ComicBook/{{New 52}} origin story retconned this to some form of permanent psychosis from brain damage or drugging, with Harley eventually rejecting Joker outright. In this version of events, she's not legally insane, and sent to [[SuicideSquad Belle Reve Penitentiary]] instead of Arkham.

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** Harley herself almost qualifies, as she's something of a textbook case of StockholmSyndrome made worse by being sent back to Arkham right along with the Joker, her abuser. Her ComicBook/{{New 52}} origin story retconned this to some form of permanent psychosis from brain damage or drugging, with Harley eventually rejecting Joker outright. In this version of events, she's not legally insane, and sent to [[SuicideSquad [[Comicbook/SuicideSquad Belle Reve Penitentiary]] instead of Arkham.
11th Jun '17 8:57:53 PM ThallianGold
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** Woodrue himself, as the Floronic Man, eventually gets remanded to Arkham following a psychotic break in the pages of SwampThing, where he [[GoMadFromTheRevelation reaches the plant consciousness of earth]] and attempts to kill all animal life, something that'd ultimately kill him, too, when no animals could convert oxygen back to carbon dioxide. He has since become more a case of BlueAndOrangeMorality, drifting further away from anything resembling rational thought.

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** Woodrue himself, as the Floronic Man, eventually gets remanded to Arkham following a psychotic break in the pages of SwampThing, where he [[GoMadFromTheRevelation reaches the plant consciousness of earth]] and attempts to kill all animal life, something that'd ultimately kill him, too, when no animals could convert oxygen back to carbon dioxide.life without realizing doing so would doom the plants he thought he championed. He has since become more a case of BlueAndOrangeMorality, drifting further away from anything resembling rational thought.
11th Jun '17 8:56:44 PM ThallianGold
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** Woodrue himself, as the Floronic Man, eventually gets remanded to Arkham following a psychotic break in the pages of SwampThing, where he [[GoMadFromTheRevelation reaches the plant consciousness of earth]] and attempts to kill all animal life, something that'd ultimately kill him, too, when no animals could convert oxygen back to carbon dioxide. He has since become more a case of BlueAndOrangeMorality, drifting further away from anything resembling rational thought.
11th Jun '17 8:49:12 PM ThallianGold
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** Clayface III (Preston Payne) was also a legitimate case. Due to his TouchOfDeath and PowerIncontinence, his mind's snapped from the guilt of killing innocent people, to the point where he believed his cell was an apartment he shared with his wife, unbeknownst to him a mannequin.


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*** Mind, Black Hand hears voices because [[EldritchAbomination someone's legitimately talking to him...]]
4th Jun '17 9:51:52 AM Luigifan
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A variant is "Temporary Insanity," in which the defendant is claimed to have been suffering from an "irresistible impulse" during the crime, but is now sane. Thus, they can be released immediately, rather than being incarcerated for psychiatric treatment. This defense was first used in the United States by U.S. Congressman Daniel Sickles of New York in 1859, after murdering his wife's lover. It was most prevalent as a defense during the 1940s and '50s. Most states do not allow this defense today.

Along similar lines, the "Extreme Emotional Disturbance" defense argues mitigating factors compromised the defendant's ability to think rationally. For instance, a man who shot his wife after catching her in bed with her lover could argue his emotional state at the time makes him guilty of the lesser crime of Manslaughter and not 2nd degree Murder.

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A variant is "Temporary Insanity," in which the defendant is claimed to have been suffering from an "irresistible impulse" during the crime, but is now sane. Thus, they can be released immediately, rather than being incarcerated for psychiatric treatment. This defense was first used in the United States by U.S. Congressman Daniel Sickles of New York in 1859, after murdering [[{{Cuckold}} his wife's lover.lover]]. It was most prevalent as a defense during the 1940s and '50s. Most states do not allow this defense today.

Along similar lines, the "Extreme Emotional Disturbance" defense argues mitigating factors compromised the defendant's ability to think rationally. For instance, a man who shot his wife after [[YourCheatingHeart catching her in bed with her lover lover]] could argue his emotional state at the time makes him guilty of the lesser crime of Manslaughter and not 2nd degree Murder.



A Catch22Dilemma takes place with many juries: if the defendant is capable of understanding that an insanity plea would be a good idea, then perhaps they're not legally insane (as [[FridgeLogic insane people typically don't know they're insane]] -- note emphasis on ''typically'', since some actually do ''know'' there's something wrong with them). This is in fact closely related to the original ''Literature/CatchTwentyTwo'', the dilemma discussed in that book that a serviceman who requests a discharge for insanity must be sane enough to think to do so, in which case he is refused one.

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A Catch22Dilemma takes place with many juries: if the defendant is capable of understanding that an insanity plea would be a good idea, then perhaps they're not legally insane (as [[FridgeLogic insane people typically don't know they're insane]] -- note emphasis on ''typically'', since some actually do ''know'' there's something wrong with them). This is in fact closely related to the original ''Literature/CatchTwentyTwo'', ''Literature/CatchTwentyTwo''; the dilemma discussed in that book that a serviceman who requests a discharge for insanity must be sane enough to think to do so, in which case he is refused one.
18th May '17 10:43:23 AM Timjames98
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[[folder: Real Life ]]

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[[folder: Real Life Mythology and Religion ]]
18th May '17 10:42:56 AM Timjames98
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* In most Christian Denominations, insanity reduces or outright eliminates someone's responsibility for a sin he commits.
** In Catholicism the three requirements for a sin to be mortal (i.e. severe enough to warrent eternal damnation) are Grave Matter, [[ObliviouslyEvil Full Knowledge]], and [[ForcedIntoEvil Deliberate Consent]]. Since insanity takes away the second two, people who are insane are incapable of committing mortal sins.
* In Islam, the Prophet Muhammad is recorded as saying the following with regards to this trope.
--> “The Pen has been lifted from three [[note]]in other words, Allah won't hold these three accountable for their actions[[/note]]: from the sleeper until he awakens, from [[ChildrenAreInnocent the child until he reaches puberty]] and from the insane person until he comes to his senses.”
[[/folder]]

[[folder: Real Life ]]
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http://tvtropes.org/pmwiki/article_history.php?article=Main.InsanityDefense