...The “Insanity” Plea The “Insanity” Plea A criminal defendant who is found to have been legally insane in the course of committing a crime is relieved the criminal responsibility by the virtue of suffering from a mental disease (Findlaw, 2015). In some cases, the accused may be sentenced to a less severe sentence or punishment after being found on the wrong side of the law because of the mental impairment. Many nations allow the insanity defense in their legal systems. However, the accused must prove to the court that they were not on their senses or acted upon uncontrolled impulse or some variety of these factors when doing the wrongful doings. The general sense of insanity plea is to provide the alleged perpetrator of the criminal offense a fair trial. The society is even in agreement with this principle in extreme cases. Nonetheless, the major challenge falls on where to draw the line. That is, the circumstances where one can be considered insane and instances when he or she is not. It is worth noting that, no matter how appealing the crime itself is, it doesn’t demonstrate the level of insanity. Today, the legal systems use way too much of the insanity defenses. While there are many questionable defense tactics, insanity plea targets to protect the rights of the accused and further the course of justice. This paper discusses the insanity plea as used in the legal systems in the present times. What is the main purpose of insanity plea? How did it find...
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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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...The Hidden Criminal CRJ308: Psychology of Criminal Behavior (BLG1231A) Instructor: Stephanie Myers September 3, 2012 The Hidden Criminal “I doubt if a single individual could be found from the whole of mankind free from some form of insanity. The only difference is one of degree.” (Desiderius Erasmus) Determining mental disorders among the criminal population is difficult as well as tedious but it is important that they are continue to be researched to better understand the criminal mind and to distinguish those that are plagued by mental disorders from those that choose the life of crime. In this paper I want to address the way the criminal with mental disorders perceive situations compared with what we would consider a normal person and that of a person who commits a crime for personal reasons. The first thing that should be known is that a person with a mental disorder(s) can seem like a completely normal person. In several segments of Hidden in Plain Sight: Looking for Mental Illness we see that picking out a person with a mental disorder is almost as difficult as finding a needle in a haystack even when you know what you are looking for. This research was on a group of ten people that some experienced different disorders while there was nothing wrong with others. Gathering these people to live together for five days while three different Psychiatrists observing. Their goal was to pick out the ones with disorders from those who were considered normal. This...
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...Criminal Behavior Lorenzo Reid Virginia College Online Abstract The following paper will address the different areas of the Psychological and Psychiatric Foundations of Criminal Behavior. Within this paper, every aspect from theories to what the law states when it comes to this state will be addressed. Criminal Behavior Doctor Leon Eisenberg once stated, "...persons who are seriously mentally ill are far more likely to be the victims of violence than its initiators." (Campbell) Yet how true is that? When it comes to mental illness, there have been several violent crimes that have been committed, and been blamed on mental illness. There are several shows for entertainment such as the show “Criminal Minds”, that attempts to bring a reality and understanding to mental illness and criminal behavior. This show gives a reality to the fact that people can be simply mentally ill and not simply criminals. In early society times, people simply did not take mental illness into account. It was thought that people, regardless of their mental state, should be accountable for their actions. Yet, in today’s society, this is not the case. Due to research and a better developed country, citizens are given an opportunity to show that their mental state was not steady when they committed a crime. So, what is it then, which motivated a person to kill or maim another? How can a person kill someone else, or a numerous amount of people, with no remorse? These questions and several...
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...Legal Aspects of Intoxication Aditya Vikram Yadav Student Chapter 1 Abstract Intoxication as defined in S. 86 has remained a convenient defence in numerous murder cases, as it allows for acquittal in case of temporary insanity due to drunkenness. Through this paper we explore the jurisprudential history and the legal aspect of intoxication and find ways to bypass the landmark judgement of Basdev v. State of PEPSU(1956), which established the doctrine of insanity based on previous English judgements. This paper seeks to find ways for the police to establish guilt in such cases. S. 86 Scope of Section – The Indian Courts attribute the same knowledge to an inebriated person as they do to when he is sober. If the man has not gone very deep in drinking, the court can gather from the facts his intention, and whether the act was intended. Therefore, in cases where intention is essential, drunkenness is a defence. This section creates an artificial rule for effect of evidence and significance of facts, and the section must be read as it is and construed strictly. No knowledge or intention further of that of a sober man can be established to an intoxicated person. Drunkenness where not available as a defence can be offered as a mitigator of sentence. The section makes clear that intoxication has no effect on a person’s knowledge, and he must be presumed to cause the consequences of his acts. The difference between S. 85 and S. 86 is essentially based on whether the drunkenness...
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...When I started brainstorming about who I was going to interview for this paper and the first person who came to mind was Scott Uptmore. His story started off uniquely, a computer programmer turned creative writer through a chance encounter with a blind poet. I just had to know the answer to the question that almost sounds like the beginning of a riddle. “How did the blind teacher teach creative writing?” I soon learned the answer, “It was with an amazing amount of passion!” I just had to find out how someone’s love of computer programing could morph into a true passion for writing. In Mr. Uptmore ’s case, this transformation occurred in his third year of college. When I entered his classroom, which is where he spends most of his time,...
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...Strategies for focusing a broad research topic Are you overwhelmed with how much information you are finding? Try the suggestions below: * Develop a tentative focus List what you already know and questions you have about the topic and focus on those you find most interesting. * Find background information on your topic Check our Electronic Reference Collection for an article in an online encyclopedia you can trust. * Look for magazine articles Magazine articles tend to be shorter and can provide a general idea of key issues or controversies related to your topic. Try: * Academic Search Complete * Academic OneFile * Search CQ Researcher This is a great source for finding background information and overviews of a wide array of topics. * Choose a particular perspective on the issue How do scholars from different subject fields approach your topic? Finding different points of view can provide you with a better sense of direction. Look through our subject-specific databases listed on the Find Articlespage like: * Education Full Text (EBSCO) * Worldwide Political Science Abstracts (ProQuest) * PubMed (National Library of Medicine) * Limit your search to a specific time period Look for date limit options when searching a database. * Need more help? Ask a Librarian for assistance. Finding research topic ideas You'll be spending a bit of time on your research paper, so be sure to choose a topic...
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...Personal Values and Ethical Standards In order to start this paper, I had to make sure I knew the differences between values, moral and ethics. It’s believed that values are what we learn from childhood from parents and surrounding influences of adults involved in the child’s life. Morals are the beliefs developed from that value system and how one should behave in any given situation. Ethics on the other hand is how someone actually behaves in the situation that may test ones morals and values, wow are you confused yet? Values are established by childhood upbringing and help mold them into citizens contributing to society. Those environments include home, school, church, neighbors, cultural backgrounds and social get together’s or parties. Most of these beliefs and patterns of behavior are established through the unconscious observations and experiences of childhood in those environments. Her parents were not perfect by most standards but they demonstrated honesty, integrity, hard work standards, willingness to address conflict, even in difficult situations. Her dad was a glassier, then when injury fell on him he became a truck driver, and then again injury struck but this time he became unable to work and be the breadwinner. Her mother was a stay at home mom until all three children were able to attend school. At which point she went back to college to become a nurse’s assistant and to help supplement income by working at a department store. Showing her diversity...
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...| Personal Crimes Paper | CJA/314Instructor Fred Sams | | Amber Jackson | 02/05/2011 | | Every crime has different characteristics that make it a crime, yet one characteristic that every crime shares is a perpetrator and a victim. Rape is a big problem in the United States. Each year thousands of women and men are raped, 17.7 million women have been raped at one point in their lives and 2.8 million men. Rape is considered the most unreported crime in the United States. In the 1970’s is when major awareness started to take shape for victims of rape, such as rape crises centers, medical protocols, and laws to protect rape victims. Criminal status concerning rape differs from state-to-state, but the Federal code is nationwide. There are two different ways that rape is reported; one is through private research organizations and the second is through the U.S. Department of Justice. The NIJ conducts a survey each year to measure reported crime and unreported crime, along with the private research groups. Even then, both organizations have certain guidelines in how they obtain their statistics. With certain guidelines in place, the statistics are good, but not a 100% accurate on exactly how many men, women, and children are raped. Only small percentages of rapes are reported each year to law enforcement and it is important to continue the study of rape and sexual assault issues in the United States to properly get better control of the problem. Women...
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...in the commission of crimes. The criminal is one of weak mind and a follower. It is believed that Imation of a person superior to them and possibly idolize is the reason for many crimes. Crimes have been categorized as either fashion or more custom oriented. This means it is either something that is just hot for the minute or these were learned traits and actions that were instilled in them from a young age. The personality of a criminal according to this theory is one of a follower and wants to have a since of belonging to something that is lacking in other aspects of their life. The Key Elements The key elements of this theory are different to those of the other theories mentioned in the introduction of this paper. These theories contributed to the criminological theories...
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...Thomas McPhee Mr.O’Donnell Psych I Period 2 12/18/15 Term Paper Dissociative Identity Disorder Dissociative Identity Disorder (DID) is a severe condition in which two or more distinct identities, or personality states, are present in—and alternately take control of—an individual. The person also experiences memory loss that is too extensive to be explained by ordinary forgetfulness. DID is a disorder characterized by identity fragmentation rather than a proliferation of separate personalities. The disturbance is not due to the direct psychological effects of a substance or of a general medical condition, yet as this once rarely reported disorder has become more common, the diagnosis has become controversial. Some believe that because DID...
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...In Defense of Recreational Drugs If illicit drugs are harmful to the mind, body and soul, than why do people continue to manufacture, distribute and use these substances? The prohibition of these illicit substances as outlined in the Controlled Substances Act of the United States goes against all logic. Propaganda across the United States promotes the myth that psychotropic drugs impair moral judgment and is a cause of destructive deviant behavior. There is evidence that refutes this claim, illustrated by findings in several of the government’s own studies. The truth is that the majority that dabbles with these intoxicants is misrepresented by the media and politicians as delinquents, but are respectable citizens with jobs to work, bills to pay, and classes to attend, and are indistinguishable from the general population. Their use is not accounted for as many are reluctant to admit to it, due to the illegality and prejudice against use of controlled substances in our society. Such illicit substances must have some intrinsic value because of their continued use. Just as prescription pharmaceuticals can prove to be valuable in a specific context, so can all classes of illegal drugs. The poison is in the dose not the chemical itself. The unconstitutional War on Drugs in the United States needs to cease, because it is based on heresy and fear mongering. This calls for reeducation of the American people about the true nature of drugs; for this legalization and regulation of all...
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...Notes For Criminal Justice (Unit 1) Muse: What lies ahead for the criminal justice system? We cannot say for sure. Some of the coming changes are now discernible. A few of the more obvious changes include: 1. a restructuring of the juvenile justice system due to increasing violent juvenile crime and youth gang warfare; 2. the increased bankruptcy of a “war against drugs” whose promises seem increasingly hollow; 3. a growing recognition of America’s international role as both victim and purveyor of worldwide criminal activity; and 4. The rapid emergence of cyber-crimes, which both employ high technology in the commission and target the fruits of such technology. Drugs and Crime The relationship between drugs and crime rests on the concept of drug abuse. Drug abuse is illicit drug use that results in physiological, social, psychological or legal problems for the user. A drug is any chemical substance defined by social convention as bioactive or psychoactive. A psychoactive substance is a chemical substance that affects cognition, feeling, or awareness. Most drug users are recreational drug users, using drugs relatively infrequently and primarily with friends and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users. Drug crimes fall into two categories: 1. the use, possession, distribution and sale of illegal drugs and the offenses committed either under the influence of drugs or surrounding the growing, making...
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...Gideon’s Trumpet, by: Anthony Lewis Clarence Earl Gideon was born on August 30, 1910 in Missouri. Gideon lost his father when he was three years old. His home life was non existent as he ran away from home when he finished eighth grade and started living his life as a homeless drifter. By the time that Gideon reached the age of sixteen he had an extensive list of petty crimes. At age eighteen he was arrested in Missouri and convicted of robbery, larceny and burglary. Gideon was sentenced to ten years in prison but was released in 1932 after serving three years. Gideon would spend most of the next thirty years in poverty and in and out of prison. Throughout this time he was married four times, the first three marriages ended very quickly but the last marriage in the 1950’s would last longer. Gideon and his wife settled in Panama City, Florida after having three children who would later be taken away by welfare authorities. Gideon found work as an electrician but gambled to subsidize his low income. Gideon would not go back to jail again until 1961. On June 3, 1961 four fifths of wine, twelve bottles of Coca Cola, twelve cans of beer, about five dollars from the cigarette machine and sixty dollars from the juke box were stolen from Bay Harbor Poolroom which belonged to Ira Strickland Jr. A twenty-two year old resident that lived close by, Henry Cook, told the police that he saw Gideon get into a cab after walking out of the pool hall with a bottle of wine and pockets...
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...writes: I have been involved in extensive research since undergraduate school surrounding criminals and how they operate. There are many ideas surrounding the cause of antisocial behavior and criminality. Through this independent study class for Fort Hays State University’s Justice Studies (Graduate) Program, I felt I would have the perfect opportunity to explore many of theories which have developed, over time, to explain criminal behavior. It is my hope that this research paper will provide an extensive and educational look at how the psychology of a criminal impacts the activity which is produced. It seems that every year brings new ideas, but I feel that the following is a conclusive look of research compiled from the beginning of criminality to the present. I have also provided a history of criminality and how it has developed into what we now understand as forensic psychology. This field will always remain fluid with discovery, and my greatest pleasure would come from being part of it in the future. [pic] “Wherever he steps, whatever he touches, whatever he leaves behind, even unconsciously, will serve as a silent witness against him.” Edmund Locard The application of psychology in the criminal and civil justice system is known as forensic psychology. Hugo Munsterberg (1863 – 1916), a German-American psychologist was the first to pioneered the application of criminal psychology in research and theories. His research extended to witness memory, false confessions...
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