In much of the history of court cases there has been faults where criminals will try just about anything to get out of a murder charge or any other type of charge so they won’t serve time in jail or face the death penalty. Indeed making up an insanity defense requires a person to not break out of it in the eyes of court officials, judges, and even lawyers. In doing this, a criminal could indeed go insane for real if they keep it up long enough.
A persons mind will be susceptible in trying to believe there crazy just so the test psychologists or lawyers place on the suspect would show that they are not lying and they wouldn’t be able to be competent to stand trial. Malingerers manipulate the jury’s view of the law making it impossible to send a criminal away for their actions and also implementing a door to make an insanity defense a reliable one in the eyes of freedom. A case that is well known for an insanity defense is the Kenneth Bianchi case, a Hillside strangler.
The case was about Kenneth having strangled and killed various women over a period of five months from 1977 to 1978. When he was finally caught he had acted as he did nothing wrong and that he wasn’t aware of his actions. This would be the start of a defense that he will try to use to manipulate the courts into believing that he wasn’t aware of his actions. In the court case many tests are being ran on Kenneth to see if any correlation of insanity isn’t persistent with his personality.
The MMPI-2 is a test that is used in courts that use it to draw out rare symptoms, symptom severity; the obvious and subtle symptoms of insanity (Rogers, 2003) with these methods psychologists would use this while observing the person being treated as insane. When a symptom doesn’t follow up with its disorder than the person is lying about their defense in trying to not be competent for trial. The rare symptoms test is composed of a yes or no questionnaire that gives a nsight look at the type of answers a criminal uses.
If the persons answers wrongfully in a question than that will be taken into question and elaborate more on the question to try to draw out the person from a hiding shell of insanity. The second detection test is composed of entirely of the personality of the person and symptoms and comparing it to a person that is already diagnosed with a disorder. The test surveys out any typical personality trait that shouldn’t appear on a person.
The last detection test is more of what are the obvious symptoms of insanity opposed to symptoms that aren’t really yet answered if they are any type of correlation to the disorder. The test, after being administered, will place a person in either an asylum, jail, or rehabilitation center. The court case was almost a turnaround in the system when Kenneth almost got away with an insanity defense but then was caught on by an expert of insanity defenses Dr. Martin Orne. In his defense he argued that Kenneth was not following consistency with the disorders and he was faking it all along.
After being discovered he had no other choice but to give up his partner in crime, his cousin, just so he wouldn’t have a worse life sentence. In this part of the case I felt that he knew already he couldn’t pull another type of insanity defense with the expert around him. What I feel in this case is that Kenneth probably was aware of his actions but did not want to disobey his cousin’s orders. Kenneth could’ve brought the defense of doing these heinous acts because his cousin forced him to do it because of the threats that he made towards him.
Cases have been known to have accomplices that were manhandled by the superior criminal in an act. Kenneth found the other way around and try to get an insanity defense that would pretty much cover him up and his cousin. Once figured out there was nothing else to do but snitch out his cousin since his safety was now put into place. This could very well be a factor in which he figured to just confess since there was no other way out because he still committed the acts. Even though he confessed to the murders his death penalty charge was dropped.
A case that very well had its similarities to this case is the Jeffrey Dahmer case in which the defendant tries to use the mentally insane defense in killing almost fifteen girls by killing them and performing lobotomies while they were still alive. Cases like this, it is clear that a person would go to great measures to cover up their heinous acts with a mental defense. Jeffrey used the insanity defense but was denied because of the allegations made on him that he was perfectly sane and culpable when the murders occurred.
A person being a psychopath is way more dangerous than a person just committing murder. A psychopath is worse in its term that they show no remorse and are sick and demented in the sense that they show no compassion. Jeffrey was that person showed no remorse after confessing to the murders he had committed but wanted to be let go of all charge due to insanity. If a jury would’ve been convinced that he is insane and had no fault in committing the murders than that would’ve been a gateway for all insane criminals to act upon this and create a whirlpool of victims that would never get their justice.
In the end he got his own punishment by being killed in prison for the acts that he pulled. Malingering is very dangerous in both parts, court cases and for a person that isn’t at all insane. A court will always be puzzled in insane cases but that’s why the tests that are created to spot these differences out are made so no known criminal can get away with that defense and not be punished or kept away from society.
A person will find it easy to cop in an insane plea just so they don’t face murder charges or time in jail but what isn’t known to most people is that if they act insane pretty much it will become a habit and little by little destroying the person inside and creating another alter. Imagine it as a split personality but with one personality overpowering the other and becoming permanent in that sense. If a person gets away with it than it just gets the courts to start making new laws and interpretations of malingerers in the court. Courts and psychologists will get better at this but will the insanity defense prevail in the end.