...Beneficial Defense In keeping the insanity defense, as it stands, the benefits outweigh the problems. This defense fixes problems with the mentally insane and leads to curing more of the mentally ill. Viewing the defense as a benefit seems to fit if it helps more people than it harms, although other views have been brought against it opposing the defense. The jurisdictions that have kept the defense see it rarely and take it as a claim of innocence. The innocent people who have severe mental illness might finally have an opportunity to become viable members of society through rehabilitation. This plea may also shed light on the severity and seriousness that mental illness plays in our communities as these individuals are of great...
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...commit and/or had uncontrollable behavior during the time of the crime- both of which results from severe mental illness- the defendant will use the Insanity Defense. The Insanity Defense is where the defendant argues that because they did not know the illegality of their actions during the time of the crime because of their mental illness , they should not be charged and should instead receive medical treatment. Additionally, in order for the the defendant to not be charged, the court must label them as “legally insane” (Gerber 2). Thus, if the defense is successful, in lieu of detainment, the defendant will be sent to a secure psychiatric institution to receive treatment until deemed “sane” (Gerber 2-4.) The Insanity Defense protects the inalienable right of being tried fairly under the law....
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...The insanity plea defense is a criminal defendant that is found to have been legally insane when they committed a crime. They can be found not guilty because of their insanity. In some cases they can be found guilty but will serve less punishment because of their mental impairment. If someone claims to be legally insane, the courts can test them to see if it is true. They have 4 rules to determine insanity. The “M” noghten rule; that the defendant either did not understand what they did , or failed to distinguish right from wrong because of a “disease of mind”. The “irresistible impulse” test; result of a mental disease the defendant was unable to control and has impulse , which lead to a criminal act. The “durham” rule ; regardless of the clinical diagnosis the defendants “mental defect” resulted in a criminal act. The “Model penal code” Test for legal insanity; because of the diagnosed mental defect the defendant either failed to understand the criminality of their acts , or...
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...this there are various types of defenses available. These types of defenses are described below. Insanity Defense – One of the most argumentative types of defenses available is the insanity defense. In this type of defense, the defendant’s attorney attempts to show that the defendant is insane and is unable to be held responsible for the crime that they have committed. In this type of defense, there are two different plea options that are available to the defendant, not guilty due to mental illness and psychologically ill. One needs to be sure they understand the difference between the medical and legal position of psychological insanity and illness. In medical terminology, psychological illness can be any type of disaster that shocks an individual’s mind. Any individual can be affected by an illness during any given period of time and there is not any real categorization as to what could decide whether an individual is insane or not (“Addington v. Texas”, n.d.). For example, an individual might be suffering due to a psychological illness and could still be capable of holding down a job as well as carry out everyday activities needed to live. As far as the medical field goes there is no such thing as insanity, and psychological illnesses in any individual can vary with time and other factors. This generates a problem in the court room, because lawfully the courts need an obvious justification as to what insanity is. In legal terminology, insanity is a psychiatric state that makes...
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...the Law Stop For years the insanity defense has turned into a difficult defense system in the court of law. The exact law changes from state to state, but the main idea remains the same. The insanity defense could apply and be used on an individual who is considered legally insane. The individual must have a severe mental disease or defect, their lawyer must prove that they were at the time of the crime. We need to abolish the insanity plea and make the death penalty the law of the land again. An individual accused of a crime can pled guilty that they committed the crime, or argue that they are not responsible for it because of a mental illness. “Not guilty by reason of insanity.” There’s an important distinction between pleading guilty by reason of insanity and diminished capacity. Diminished capacity is pleading to a lesser crime. Pleading insanity is a full defense to a crime, it’s equivalent to pleading “not guilty.” The insanity defense is a compromise on part of society and the law. Society believes that criminals should be punished for the crimes they committed and society believe that people who are ill should receive treatment for their illness. When we talk about the insanity defense, we go to the M'Naghten rule. The M'Naghten rule is the required test that must be given before the jury can decide whether the individual on trial knew that he or she could not tell right from wrong. This is the first famous legal test for insanity. In 1843, Englishman Daniel M’Naghten...
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...Criminal Defense Analysis CJA/354 July 18, 2011 Criminal Defense Analysis To define what criminal defense is there should be a clear understanding of what criminal law is before analyzing the various levels of defense. According to Worldwide Legal Directories (Criminal, n.d.) the term criminal law or penal law is defined as the prosecution from high levels toward an individual for an act that has been categorized as an offense. As a group of laws that consists of common and statutory laws, they are distributed according to the crime and sentences involving the illegal offense. When crimes are committed they will be classified by either misdemeanor or felonies based upon the degree of the crime that had been committed and what form of punishment may be granted will differ. After a crime has been committed and the individual who is responsible has been caught, they will begin the process involving “criminal defense.” When an individual breaks the law, there are various forms of defense that he or she may be eligible in using in regard to the charges that are being brought up against them. During the process, there maybe one or more defenses’ that will be used during the defendants criminal trial. Types of Defense’s When a person has been accused of a crime, he or she are given a chance to plead his or her fate during the trial process. This process is done during the arguments of the trial and submission of evidence proving their innocents. A defendant and his or her...
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...The Insanity Defense The insanity defense refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of mental disease. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of a case. These instructions can be drawn from any of several rules used in the determination of mental illness. The final determination of mental illness rests solely on the jury who uses information drawn from the testimony of "expert" witnesses, usually professionals in the field of psychology. The net result of such a determination places an individual accordingly, be it placement in a mental facility, incarceration, or outright release. Due to these aforementioned factors, there are several problems raised by the existence of the insanity defense. Problems such as the actual possibility of determining mental illness, justifiable placement of judged "mentally ill" offenders, and the overall usefulness of such a defense. In all, I believe that these problems, as well as others which will be mentioned later, lead us to the conclusion that the insanity defense is useless and should be abolished entirely. Insanity is a legal, not a medical definition. Therefore, mental illness and insanity are not synonymous: only some mental illness constitutes insanity. Insanity, however, includes not only mental illness but also mental deficiencies. Due to...
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...Course Syllabus College of Criminal Justice and Security CJA/354 Version 4 Criminal Law Copyright © 2012, 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper...
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...” From this case, the Court concluded that preponderance of evidence is sufficient to determine competency evaluation because ‘clear and convincing evidence’ to determine competency evaluation is too high of a standard of proof that can bring about dire consequences for the defendant. Dusky v. United States was the landmark case that outlined some of the necessary standards for determining competency to stand trial. In Dusky v. United States, the Supreme Court established that for determining competency “The test must be whether [the defendant] has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and whether he has a rational as well as factual understanding of the proceedings against him. In Jackson v. Indiana, “petitioner Jackson has now been confined for three and one-half years on a record that sufficiently establishes *739 the lack of a substantial probability that he will ever be able to participate fully in a trial… Without a finding of dangerousness, one committed thereunder can be held only for a "reasonable period of time" necessary to determine whether there is a substantial chance of his attaining the capacity to stand trial in the foreseeable future. If the chances are slight, or if the defendant does not in fact improve, then he must be released or granted a §§ 4247-4248 hearing. Furthermore, even if it is determined that the defendant probably soon will be able to stand trial, his continued commitment...
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............ 1 22 August 2014 ii ProQuest Document 1 of 1 A Matter Over MIND Author: Gibeaut, John ProQuest document link Abstract: The U.S. Supreme Court may help to answer the question after it hears Clark's challenge to Arizona's strippeddown insanity defense, which Clark says denied him a fair trial by not taking full account of his mental illness. In a double-edged due process attack on Arizona's system, Clark wants the justices to relax restrictions the state places on the insanity defense, which accounts for mental illness with a "guilty except insane" verdict. [...] in a more contentious aspect of the case, Clark also says the trial judge unfairly refused to consider evidence of his mental illness to rebut the criminal intent required for his first-degree murder conviction. "From all this, the court must conclude that, while the defendant was affected by his mental illness, it did not... distort his perception of reality so severely that he did not know his actions were wrong," Coker wrote in a special verdict detailing his reasons for convicting Hark and rejecting his insanity defense. Links: Check Document Availability Full text: Headnote The Supreme Court Is Poised to Review the Insanity Defense, an Issue That Has Confounded Courts, Psychiatrists and Lawyers THE 911 CALLS BEGAN COMING JUST BEFORE 5 A.M. on June 21, 2000, from a residential neighborhood in Flagstaff, Ariz. The callers complained of a...
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...time, then Mel should be charged with homicide. b. Attempted murder? Discuss. Mel and Brent should be charged with attempted murder. Despite Mel having a mental disorder, his attempt to murder Herb was pre-meditated; he formulated a plan to kill Herb. Brent should also be charged with attempted murder because he wanted to be a part of killing Herb, even if it was unbeknownst to Mel. c. Conspiracy to commit murder? Discuss. Mel should not be charged with a conspiracy to commit murder because he had no knowledge of Brent being part of his plan to kill Herb. Brent however, should be charged with a conspiracy to commit murder because he was fully aware of the situation, and wanted to help aid Mel to kill Herb. 2. Does Mel have a defense of insanity? Discuss. Mel does not...
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...bodily harm against the President of the United States.” Later, the Tenth Circuit Court of Appeals tried the psychotherapist for breaching the confidentiality agreement. The argument was based on the determination of whether “the threat” should be considered “serious when it was uttered” and if “disclosure” of said information “was the only means of averting harm to the President when the disclosure was made” (Slobogin et al., 2014, p. 230; Felthous, 2006, p. 344). According to Felthous (2006), the psychotherapist took reasonable precautions to avoid a dangerous situation (i.e. assassination attempt) which was “appropriately assessed” through the “verbal threat” of Glass. This was affirmed by the findings of the appellate court who also found that the therapist acted appropriately by disclosing privileged information pertinent to the nature of the case (Felthous, 2006, p. 344; Greene & Heilbrun, 2014,). Ironically, Hinckley was also a mental health patient who struggled with depression, was often heavily sedated and developed an obsession for the actress Jodie Foster. Hinckley’s obsession led to the ideation of winning Jodie Foster over by initially attempting to take the life of President Jimmy Carter. Later, Hinckley switched his focus on the next president and nearly found success in his attempt to eliminate the life of President Ronald Regan in 1981 (Biography.com, 2017). According to Greene and Heilbrun (2014), “the United States Congress enacted the Insanity Defense Reform Act...
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...of promoting mental health and well-being within society. On the other hand, some disagree; they think that mental illnesses in fact should justify any illegal act. The logic is that if someone's mental illness prevented them from understanding the nature of their actions or distinguishing right from wrong at the time of the crime, they may not be held fully responsible for their actions. Mental illnesses can severely impair an individual's capacity to understand the nature of their actions or to control their behavior. In cases where a person's mental illness significantly compromises their cognitive functioning or alters their perception of reality, it becomes unjust to hold them fully accountable for their actions (Insanity Defense). Nevertheless, the argument highlights the struggles that people with mental illness may face in the legal system, which could evoke...
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...Good morning, ladies and gentlemen. We are gathered here today in the New York County Criminal Court, calling the case of Logan Turner against Chris Smith. We know that Logan Turner did murder Chris, but we are on our way to figure out if he is sane or insane. My job for the day is to prove that Logan is insane and does know what he did. I hope that you will support me on my opinion, and continue listening to this case. Logan is legally insane because he has a disease that makes him act crazy. This man knew exactly what he was doing, but he was too insane to stop and be a good person. For the first piece of evidence it says, “The disease had sharpened my senses—not destroyed—not dulled them.” (page 1). Right from the beginning of the claim,...
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...Due Process INTRODUCTION TO CRIMINAL COURT SYSTEMS CJA/224 Julia Mosley Week III May 16, 2011 REBECCA ROSENSTEIN Adversarial system when two parties develop and present their arguments, gather and submit evidence, call and question witness within the laws, rules and procedures. In such system, the judge acts as an independent magistrate rather than prosecutor; distinguished from inquisitorial system. When a person is accused of a crime the burden of proof is on the state to prove its case, the defendant is innocent until proven guilty. Once there is an arrest made by a law enforcement a preliminary hearing is set for the accused and he/she has a right to appear before a judge to determine whether he/she is being held-illegally. Writ Habeas Corpus: basically means that it is not to determine if the defendant is innocent or guilty; it represents whether the prisoner is restrained of his liberty by due process. It gives the prisoner to challenge a state conviction on constitutional grounds that related to the jurisdiction of the state court. If a defendant is denied a defense to criminal liability that had prior enactment of the law, which it is call ‘ex post facto law’ it makes it unconstitutional. A law can pass on a fact or commission of an act, ‘ex post facto law’ defines as a law which provides for the infliction of punishment upon a person for an act done which aggravates a crime or makes it greater than when it was committed, a law that changes the rules of...
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