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

Traditionally, insanity or madness is the behaviour whereby a person flouts societal norms and becomes a danger to himself and others. William Hogarth (10 November 1697 &ndash 26 October 1764 was a major English painter, printmaker, pictorial satirist, social critic A Rake's Progress is a series of eight paintings by 18th century English artist William Hogarth. The Bethlem Royal Hospital of London, which has been variously known as St Greek tragedies and Shakespeare often refer to madness in this sense. Psychologically, it is a general popular and legal term defining behaviour influenced by mental instability. It is defined by the Merriam-Webster dictionary as a deranged state of the mind or lack of understanding. Today, it is most commonly encountered as an informal term or in the narrow legal context of the insanity defense, and in the medical profession the term is now avoided in favour of specific diagnoses of mental illness as schizophrenia and other psychotic disorders. In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that Mental disorder or mental illness is a psychological or behavioral pattern that occurs in an individual and is thought to cause distress or disability that is not expected as Schizophrenia ( from the Greek roots schizein (σχίζειν "to split" and phrēn ^[1] When discussing mental illness in general terms, "psychopathology" is also considered a preferred descriptor. Psychopathology is a term which refers to either the study of Mental illness or mental distress or the manifestation of behaviours and experiences which may be indicative ^[2]

Linguistic roots

In English, the word "sane" derives from the Latin adjective sanus meaning healthy. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. The phrase "mens sana in corpore sano" is often translated to mean a "healthy mind in a healthy body". Mens sana in corpore sano (a healthy mind in a healthy body is a famous Latin quotation often translated as "A sound mind in a sound 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. In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved

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. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive ^[3] 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. Mental disorder or mental illness is a psychological or behavioral pattern that occurs in an individual and is thought to cause distress or disability that is not expected as Organic brain syndrome is a general term referring to many acute and chronic Physical disorders that cause impaired Mental function. Schizophrenia ( from the Greek roots schizein (σχίζειν "to split" and phrēn Psychosis (from the Greek ψυχή "psyche" for mind or soul and -οσις "-osis" for abnormal condition with adjective psychotic ^[1]

Historical treatment

During the 18th century, the French and English introduced humane 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 impediments and epilepsy. Speech disorders or speech impediments, as they are also called are a type of Communication disorders where 'normal' speech is disrupted Epilepsy is a common chronic Neurological disorder that is characterized by recurrent unprovoked seizures.

Europe's oldest asylum is The Bethlem Royal Hospital of London, also known as Bedlam, which began admitting the mentally ill in 1403. A psychiatric hospital (previously called insane asylum, mental hospital; or derogatorily looney bin, nut house or Funny Farm) is The Bethlem Royal Hospital of London, which has been variously known as St London ( ˈlʌndən is the capital and largest urban area in the United Kingdom. The first American asylum was built in Williamsburg, Virginia, circa 1773. The United States of America —commonly referred to as the 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. A straitjacket is a Garment shaped like a Jacket with overlong Sleeves The ends of these can be tied to the back of the wearer so that the arms are kept

Legal use of the term

Main article: Insanity defense

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. In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential An element of a crime (collectively called elements of crime) is a basic set of Common law principles regarding Criminal liability that with few exceptions ^[4] The states differ somewhat in their definition of insanity but most follow the guidelines of the Model Penal Code. The Model Penal Code (MPC is a statutory text which was developed by the American Law Institute (ALI in 1962 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. Psychosis (from the Greek ψυχή "psyche" for mind or soul and -οσις "-osis" for abnormal condition with adjective psychotic Personality disorder, formerly referred to as a Character Disorder is a class of mental disorders characterized by rigid and on-going patterns of feeling thinking and behavior 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 his behavior at the time of the offense. For example, if the defendant compelled by some aspect of his mental illness to commit the illegal act, the defendant could be evaluated as not in control of his 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. An ultimate issue in Criminal law is a legal issue at stake in the Prosecution of a Crime for which an Expert witness is providing ^[5][6]

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. A psychiatric hospital (previously called insane asylum, mental hospital; or derogatorily looney bin, nut house or Funny Farm) is

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 Benjamin Rush (1827), Ryan (1832), Taylor (1845), Wharton and Stille (1855), Ordronaux (1869), Meymott (1882). Isaac Ray (1807-1881 was an American Psychiatrist, one of the founders of the discipline of Forensic psychiatry. Benjamin Rush ( December 24 1745 &ndash April 19 1813) was a Founding Father of the United States. 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. ^[7]

Today feigned insanity is considered malingering. Malingering is a medical and psychological term that refers to an individual fabricating or exaggerating the symptoms of mental or physical disorders 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. United States v Binion 900 SW2d 702 (2005 is a case in which the U A defendant or defender ( Δ in Legal shorthand) is any party who is required to answer the Complaint of a Plaintiff The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function Competency evaluation, as used in the United States Criminal justice system is an assessment of the defendant's ability to understand and rationally participate

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, 1078-1086. ISBN 0-07-137688-7.  
2. ^ An interview with Dr. Joseph Merlino, David Shankbone, Wikinews, October 5, 2007. Wikinews is a free-content News source Wiki and a project of the Wikimedia Foundation.
3. ^ "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 (2005). Retrieved on 2007-10-20. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1740 - Maria Theresa takes the throne of Austria. France, Prussia, Bavaria and Saxony
4. ^ Criminal Responsibility and Intent -- Poortinga and Guyer 35 (1): 124 -- Journal of the American Academy of Psychiatry and the Law Online. www. jaapl. org. Retrieved on 2008-02-22. 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Events 1495 - King Charles VIII of France enters Naples to claim the city's throne
5. ^ Shapiro, David L. (1991). Forensic Psychological Assessment: An Integrative Approach. Needham Heights, MA: Simon & Schuster, 70–72. ISBN 0-205-12521-2.  
6. ^ Gary, Melton (1997). Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers, 2nd, New York: The Guilford Press, 186–248. ISBN 1-57230-236-4.  
7. ^ Neil S. Kaye M. D. . Feigned Insanity in Nineteenth Century America Legal Cases.

External links

• Rosenhan, David L. "On Being Sane in Insane Places."