“The TellTale Heart”
Insanity Plea
Legal Definition of Insanity
In a criminal trial, the word “insanity” means something more specific than when we
use it in everyday speech. You can’t say that someone on trial is “insane” just because he
did something that most of us would consider “crazy” (like killing someone, chopping up
the body, and hiding the pieces under the floorboards.)
That’s because, in a trial, when we say someone is insane, we’re saying that the
person didn’t fully understand what he or she was doing and therefore shouldn’t be held
responsible for his or her actions. Read the following legal definition of insanity:
Insanity is a mental illness of such a severe nature that a person
cannot distinguish fantasy from reality, cannot manage
his/her own affairs, or is subject to uncontrollable impulsive
behavior. In criminal cases, a plea of "not guilty by reason of
insanity" will require a trial on the issue of the defendant's
insanity (or sanity) at the time the crime was committed.
In this context, "not guilty" does not mean the person did not
commit the criminal act for which he or she is charged. It means
that when the person committed the crime, he or she could not
tell right from wrong or could not control his or her behavior
because of severe mental defect or illness. Such a person, the law
holds, should not be held criminally responsible for his or her
behavior.
(INTERNET SOURCE: www.USLegal.com)
“The TellTale Heart”
Insanity Plea
Name:
Period:
You are the court-appointed DEFENSE attorney (lawyer) for a man accused of murder. The man is
clearly guilty—he confessed to the crime and led the police straight to the mutilated body of his victim.
Obviously, there is no chance of getting a jury to find him innocent. However, if you can convince the jury
that your client is insane, he’ll be able to avoid the death penalty and might be sent to an institution
instead of to prison.
REMEMBER: Legal insanity means that, at the time of the crime, the killer…
 Could not distinguish fantasy from reality
 Could not tell right from wrong
 And could not control his behavior
Read through the killer’s confession and try to find evidence that you could use to prove
that the murderer IS insane. Be as specific as possible. Write a full paragraph (4 to 5 full
sentences) for each piece of evidence. And in each paragraph, use a quote from the story (the
murderer’s own words) to prove your point. Put the quote in QUOTATION MARKS—“ ”—and then
put the page number in parentheses—( ); the period at the end of the sentence comes after the
parentheses.
EXAMPLE QUOTE: “True!—nervous—very, very dreadfully nervous I had
been and am; but why will you say that I am mad?” (pg 203).
Defense
Name/Period:
First piece of evidence (or first
reason):
Second piece of evidence (or second
reason):
Third piece of evidence (or third
reason):
“The TellTale Heart”
Insanity Plea
Name:
Period:
You are the PROSECUTING attorney (lawyer) for the state in a case against a man accused of
murder. The man is obviously guilty—he confessed to the crime and led the police straight to the
mutilated body of his victim. The defense lawyers are going to try to prove that their client is insane and
should therefore get a lesser sentence. But you want to prove that he is not insane so the murderer will
face the full consequences of his crime.
REMEMBER: Legal insanity means that, at the time of the crime, the killer…
 Could not distinguish fantasy from reality
 Could not tell right from wrong
 And could not control his behavior
Read through the killer’s confession and try to find evidence that you could use to prove
that the murderer is NOT insane. Be as specific as possible. Write a full paragraph (4 to 5 full
sentences) for each piece of evidence. And in each paragraph, use a quote from the story (the
murderer’s own words) to prove your point. Put the quote in QUOTATION MARKS—“ ”—and then
put the page number in parentheses—( ); the period at the end of the sentence comes after the
parentheses.
EXAMPLE QUOTE: “True!—nervous—very, very dreadfully nervous I had
been and am; but why will you say that I am mad?” (pg 1).
Prosecution
Name/Period:
First piece of evidence (or first
reason):
Second piece of evidence (or second
reason):
Third piece of evidence (or third
reason):
Quotes That Could Help the DEFENSE:
I heard all things in the heaven and in the earth. I heard many things in hell.
One of his eyes resembled that of a vulture—a pale blue eye with a film over it. Whenever it fell
upon me my blood ran cold, and so by degrees, very gradually, I made up my mind to take the life
of the old man, and thus rid myself of the eye for ever.
…but I found the eye always closed, and so it was impossible to do the work, for it was not the old
man who vexed me but his Evil Eye.
He was still sitting up in the bed, listening; just as I have done night after night hearkening to the
death watches in the wall.
…at length a single dim ray like the thread of the spider shot out from the crevice and fell upon
the vulture eye. It was open, wide, wide open, and I grew furious as I gazed upon it.
But the beating grew louder, louder! I thought the heart must burst. And now a new anxiety
seized me -- the sound would be heard by a neighbour!
I foamed—I raved—I swore! I swung the chair upon which I had been sitting, and grated it upon
the boards,
"Villains!" I shrieked, "dissemble no more! I admit the deed!—tear up the planks!—here, here!—
it is the beating of his hideous heart!"
Quotes That Could Help the PROSECUTION:
Hearken! and observe how healthily, how calmly, I can tell you the whole story.
Madmen know nothing. But you should have seen me. You should have seen how wisely I
proceeded—with what caution—with what foresight, with what dissimulation, I went to work!
what you mistake for madness is but over-acuteness of the senses?
If still you think me mad, you will think so no longer when I describe the wise precautions I took
for the concealment of the body.
There was nothing to wash out—no stain of any kind—no blood-spot whatever. I had been too
wary for that.
I bade the gentlemen welcome. The shriek, I said, was my own in a dream. The old man, I
mentioned, was absent in the country.
I led them, at length, to his chamber. I showed them his treasures, secure, undisturbed.