An investigation into the Jamaican Court System and how insanity defense

provides a loophole for criminals who breaks the law.

AN INTERNAL ASSESSMENT PROJECT

Presented to:

THE OCHO RIOS HIGH SCHOOL SIXTH FORM PROGRAMME

February 2020
IN PARTAIL FULFILLMENT FOR CERTIFICATION IN
LAW – UNIT 1

Name of Candidates:

Centre No: 100087

Name of School: Ocho Rios High School
Teacher: Ms. Findlay
Territory: Jamaica

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 Table of Contents

Description of contents pages

Description of Research Problem/ Statement of the Law 2

Aims and Objectives 3

Description of Methodology 5

Presentation of Findings 6

Discussion of Findings 11

Conclusion and Recommendations 14

Bibliography

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Description of research problem/issue: statement of
the law

In law and the Common Wealth Caribbean Insanity Defense is referred to a

defense that a defendant can plead in a criminal trial. In an insanity defense,

the defendant admits the actions, but asserts a lack of culpability based on

mental illness due to an episodic or persistent psychiatric disease, which

many individuals will refer to them as mad.

What drove the researchers to choose this topic/ subject to be researched, is

that one of the group members lives in the inner citizens and has shared

with the group things he encountered and that he have experienced crimes

being committed and many of those hard criminals who commits varying

acts are set free after a plea that we now know is called “Insanity Defense”

The researchers, having hard this, wonder how many offenders gets to walk

a free man after conducting a crime which in most cases are unpleasing to

the eye. The researchers saw this as the perfect opportunity to carryout a

research on this subject of matter in law, to find out if insanity defense

provides a loophole for criminals who break the law.

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 Research Topic

An investigation into the Jamaican Court System and how insanity defense

provides a loophole for criminals who breaks the law.

Aims & objectives

 To define the role and function the Jamaican court system plays and law
enforced to deal with Insanity Defense for Jamaican citizens.

 To examine the faculties of Insanity Defense and how it incorporates

loopholes for criminals and citizens, who breaks the law.

 To identify what type of amendments acts governs such offences like

Insanity defense.

 To assess the advantages and disadvantage of Insanity Defense in criminal

law and justice.

Objectives

To develop a better understanding and gain greater insight towards the topic
chosen to be researched.

To initiate personal value judgments and verbal reasoning, which clearly

defined and eradicate Insanity Defense in the Jamaican Court System

To complete this Internal Assessment in the process of helping others, who

foster interests in law.

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 Description of Methodology

The researchers utilized both primary and secondary data collections methods in

the completion of this paper.

The primary source which was used to conduct this research was a questionnaire.

The questionnaire contained an approximate value of thirteen (13) questions both

open- ended and closed- ended questionnaires. By using closed- ended questions

the researchers were able to easily quantify the answers thus making the analysis

and plotting of the information on graphs representation easier. On the other hand,

by using open- ended questions the researchers were able to receive valuable

feedback from the respondents.

The sampling technique for the distribution of the questionnaires was that of

simple random sampling. The target population was geared towards members of

the Judiciary (lawyers) and the executive organs (Police, soldiers) etc. of state as

well as the ordinary citizens. This proved to be an advantage as it conveyed a

cross section representation of the population. The questionnaires were distributed

to all stated respondents to gather clearly, concise and realistic view of Insanity

Defense in the world of law. Other primary sources used in the researched process

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include; The Constitution’s Charter of Fundamental Rights and Freedoms 2011,

the Offences against the Persons Act 1864 and law cases. The secondary sources

that were used were law-based text, online reports and newspaper articles.

The data collected was illustrated using text and graphic format, the purpose of

using both primary and secondary sources of data was to give the researched topic

validity and execution of the internal assessment to its fullest extent.

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 Presentation of Findings

Figure 1: Display the responses of respondents when was asked, do you think
Insanity Defense is a loop-hole for crime offenders you break the law?

Figure 2: Illustrate the responses made by respondents when was asked, should the
mental state of the criminal play a role in whether he/she receives sentencing or
the court revokes an appeal?

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Figure3: Represents respondents feedback based on the question which was
asked, do you think Insanity Defense eradicate a fear trial court proceeding
for individuals in the Jamaican court system.

Figure 4: Displays the responses of respondents when was also asked, do you
see Insanity Defense laws right or wrong in the Jamaican court system, if
yes. Please justify your answer?

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Figure 5: Represents the responses made by respondents when was asked, do
you see individual with some sort of immoral, mental and phycological
disorder as danger to citizens lives and the Jamaica society at large?

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Figure 6: Illustrate the responses made by respondents when was asked, do you
think if a person who suffers from mental disorder kills a person, he/ she
deserve to pay the penalty of imprisonment?

Figure 7: Displays the recommendations given by respondents when was

asked, what type of punishment would you suggest a person who suffer
from insanity defense should be given to upheld justice in a country?

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 Figure 8: Illustrate the comments made by respondents when was asked, do
you think if an individual commits an act of criminal offense does, he/ she
deserve to walk free?

Secondary Sources/ resources

In the process of completing this internal assessment, the researcher chose to use

text books, law journals, newspapers, professional law journals, law commission

reports or other legal reports and documentation in relation to this topic. In

gathering substantial information to better assert the research topic being chosen

and draw clear and concise statistical data. A various number of sources were

chosen to manifest the main aims and objectives. In the first source which was an

online journal published in the Jamaican Gleaner on Wednesday, December 31,

1969. Titled “Nude Driver Not Guilty Due to Insanity”. By BEAUFORT, South

Carolina (AP): A judge has ruled a South Carolina man was insane when he

stole a fire truck while naked and then struck and killed a pedestrian.Circuit

Court Judge Carmen Mullen found Kalvin Hunt not guilty by reason of insanity

last Thursday after prosecutors and Hunt's attorneys agreed on his mental state,

multiple media outlets reported.The 28-year-old former Marine fled naked from

the Naval Hospital in Beaufort in 2012, stole a Port Royal fire truck that was

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responding to a medical call at a nearby apartment complex, then struck and killed

Justin Nicholas Miller before crashing into woods.

Discussion of Findings
The legal definition for insanity defense, also known as the mental

disorder defense, is an affirmative defense by excuse in a criminal case, arguing

that the defendant is not responsible for his or her actions due to an episodic or

persistent psychiatric disease at the time of the criminal act. Based on the

gathering of information from the primary sources chosen which was

questionnaire, the researchers were able to make concise conclusion and data

analysis.

In the first graphing to be analyze which display the responses of respondents

when was asked, do you think Insanity Defense is a loop-hole for crime offenders

who break the law? An approximately of 95% of respondents gave a positive

answer, while only 5% disagreeing. This however, proved to the researchers that

insanity defense is does indeed provide a great loop-hole for offenders in the

Jamaican justice system.

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In figure 2; respondents were also asked the question, should the mental state of

the criminal play a role in whether he/she receives sentencing or the court revokes

an appeal? 75% whole heartedly agreed to say yes to the question, leaving only

25% in disagreement to the question asked. In trying to get more credible and

substantial information the respondents were also asked; do you think Insanity

Defense eradicate a fear trial court proceeding for individuals in the Jamaican

court system (fig 3). A significant percentage of 93% said yes, while only 7% said

no to the question being asked. This brought about some form of uncertainty; to

the researcher’s minds that the more legislative laws must be put in placed which

will govern the grounds under which justice is dealt with.

In Figure 4; respondents were asked, do you see Insanity Defense laws right or

wrong in the Jamaican court system, if yes. Please justify your answer? 65% said

yes and 35% disagreed to the question being asked. When was asked to clarify

their answer, many replied that too many times, we see these offenders get to walk

free without pay the price;

In figure 5; many of the respondents were asked, do you see individual with some

sort of immoral, mental and phycological disorder as danger to citizens lives and

the Jamaica society at large? 79% of the respondent’s feedback agreed, while a

minimum amount of 21% said no to the question that was asked.

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In figure 6; respondents were asked the question, do you think if a person who

suffers from mental disorder kills a person, he/ she deserve to pay the penalty of

imprisonment? 83% of responses said yes, while only 17% said no. This had

revealed to the researchers that most respondents want to see some sort of

punishment to be afflicted on offender’s act crimes.

Figure 7; shows the recommendations given by respondents when asked, what

type of punishment would you suggest a person who suffer from insanity defense

should be given to upheld justice in a country; based on the responses 50% said

individuals who suffer from Insanity Defense should be placed in State Care

Facilities, 30% said Life Sentencing and 20% Capital Punishment.

In figure 8; respondents were asked, do you think if an individual commits an act

of criminal offense does, he/ she deserve to walk free; 60% said yes, while 40%

said no to the question that was presented.

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 Conclusion and recommendations

In the process of completing this Internal Assessment, the researchers were able to

gain a clear and concise understanding of Insanity Defense in the world of law.

The legal definition for insanity defense, also known as the mental

disorder defense, is an affirmative defense by excuse in a criminal case, arguing

that the defendant is not responsible for his or her actions due to an episodic or

persistent psychiatric disease at the time of the criminal act.

Throughout the entire process of acquiring data, the researchers’ were able

achieved the stated aims and objectives of the project. In addition to that, we were

also able to achieve personal knowledge on Insanity Defense in law and the

Common Wealth Caribbean that Insanity Defense does provides a loophole for

criminals/ offenders who break the law. How does Insanity Defense provide this

loophole is that in many court cases and proceeding in Jamaica and other part of

the world, if an individual suffers from symptoms of this mental disorder, he/ she

is excused as not being responsible for their actions. As a result, provides the

biggest loophole for offenders of crime in society which seeks to build capitalist,

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unfair and racial world which we live in today. If this laws made in the criminal

and justice system of insanity defense is not revoke or re-written the court systems

will lead to mayhem and ciaos in the future, which will allow guilty individual to

walk free and if no justice/sanctions and punishments is afflicted on these

individual and the continuation seem to be tenacious then the main aim of human

rights is being denied.

The researchers will conclude that the justice system can be unfair especially to

victims of brutal crimes. Thus law makers must l seek to either eradicate or adjust

the unfair Jamaican Justice and Court systems as it relates primarily to which the

Insanity Defense is used by defendants who at times are guilty.

RECOMMENDATIONS

 Revised the law which allows criminals to use Insanity Defense to walk free

of their crimes.

 Implement psychological record or doctor confirmation as substantial

evidence to judge Insanity Defense patience’s.

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 Implementation of laws, which will state that if individual who suffer from

Insanity Defense breaks the law twice by committing a act of crime he/ she

will serve life imprisonment.

Bibliography
www.google.com

www.Youtube.com

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 Appendix

Primary Findings

The findings presented here are based solely on the questionnaire that was used to gather the

relevant data needed to find answers to the research topic. The researcher chose to use

the most effective questions from the questionnaire in presenting such data.

Questionnaires: You are kindly asked to provide truthful answers to the

questions below, all the information provided will be kept strictly
confidentially; as such you are not required to insert your name as a mean of
protecting your identity.

1. What gender are you?

Male Female

2. What is your age group?

20-35 years

40years and over

50 years and older

60-70 years

3. What does the term Insanity Defense Mean to you?

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 4. Do you think Insanity Defense is a loop-hole for crime offenders you
break the law?

Yes

No

5. Should the mental state of the criminal play a role in whether he/she receives
sentencing or the court revokes an appeal?

Yes

No

6. Do you think Insanity Defense eradicate a fear trial court proceeding for
individuals in the Jamaican court system.

Yes

No

7. Do you see Insanity Defense laws right or wrong in the Jamaican court
system, if yes. Please justify your answer?

Yes

No

8. Do you see individual with some sort of immoral, mental and

phycological disorder as danger to citizens lives and the Jamaica society at
large?

Yes

No

9. Do you think if a person who suffers from mental disorder kills a person, he/
she deserve to pay the penalty of imprisonment?

Yes

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No

10. What type of punishment would you suggest a person who suffer from
insanity defense should be given to upheld justice in a country?

11. Have you ever experienced or know of an individual who suffer from
insanity defense who committed a serious crime and was able to walk free
and no justice was done by authority?

Yes

No

12. Do you think if an individual commits an act of criminal offense does, he/
she deserve to walk free?

Yes No

13. What are your personal thoughts on Insanity Defense in the Jamaican court
systems and Legislations?

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