...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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...the shooters have plead for insanity in argument that they were not sane at the time of the massacre and could not identify what was wrong from right. These pleas have become a fall-back argument for some of the pseudocommandos, and in doing so, a select few were found guilty of murder, but the consequences of the massacres committed were eased. In the end, after the school rampages, or SR’s, were committed, the true ethics of the treatment of the shooters must come into question in regards to the insanity plea. How...
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...Insanity is Insane Picture this: I just went to a liquor store, stole some liquor, shot the cashier, drove off drinking and driving, hit 20 people killing 7 and injuring 13 but that’s only because I’m insane. In court, they will do a series of test that proves I am insane. I will plead guilty of insanity and go to an institution where a close eye will be put on me. In 2014, a group study discovered that of all court cases, the insanity defense had be used in 1% of cases. In addition, the success rate of those cases is only about 26% (Apecsec). Let’s think about the word insanity, it translate to madness or mentally ill. Another word to check out is crazy, it translated to mean aggressively wild. Now that fine line is what is harder to determine....
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... 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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...Bond Hearings and a Plea Entrance; A Day’s Observation in the Circuit Court. Political Science 210 December 2, 2010 Political Science 210 December 2, 2010 Bond Hearings and a Plea Entrance; A Day’s Observation in the Circuit Court. On November 24, 2010, I was given the opportunity to observe a session of the Fairfax County Circuit Court. While observing the session I was able to view five bond hearings and one plea entrance, which allowed for a partial understanding of the typical daily court docket. Because many cases are settled outside of court, the daily proceedings within the courtroom are often shorter and without much argument. Fairfax County Virginia is located in the northeastern portion of Virginia nearby the District of Columbia. The county is the largest by population in the state, and also the densest county at 1,037,605 people within the county’s 407 square miles. Home to several intelligence agencies, and half of the metropolitan area’s Fortune 500 companies, Fairfax county has one of the highest median incomes in the country for a county of its size, second only to neighboring Loudoun County. The county was the first in the nation to reach a six figure median income and is known as one of the most populous areas in the Greater Washington Metropolitan Areas. The Fairfax County Circuit court, located in Fairfax City, is used to serve the residents of both the county and the city itself. The court is in the 19th Judicial...
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...to skip jail time but he will still be required to report to a probationary officer on a regular basis. Giner's lawyer Rodolfo Viajar, Jr. agreed with the court's ruling, according to the copy shown to INQ7.net. Giner's arraignment started at 8:30 am Wednesday at branch 14 of the Metropolitan Trial Court in Manila. The conviction of Giner is now considered a landmark case, as he is the first local hacker to be convicted under section 33a of the E-Commerce Law or Republic Act 8792, according to DoJ Secretary Raul Gonzalez and Chief State Prosecutor Jovencito Zuño who have provided support to the prosecution of the case. In a separate interview, Geronimo Sy, the state prosecutor handling the case, revealed that Giner's lawyer had agreed to a plea bargain before Wednesday's arraignment, wherein the local hacker was advised to...
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...Courtroom Participants’ Professional Standards Name CJA 224 Date Professor When entering a courtroom the main common goal is to have a guilty or not guilty verdict. While being in the courtroom you can come across some participant that are in misconduct, which can have a serious consequence. Courtroom misconduct can go any where from making improper remarks or improperly introducing evidence designed to prejudice the jury. Prosecutorial misconduct violates court rules or ethical standards of law practice. Hiding, destroying or tampering with evidence, can also have serious consequence, which is taken very seriously in the courtrooms. If the prosecutorial fails to disclose evidence that might tend to exonerate the defendant, threatening, badgering or tampering with witness can also, lead to jail time. Acting in these action can lead to them being disbarred and fined. The due process control model and the crime control model in evaluating the judicial process. Prosecutors have a big responsibility within the criminal justice system. They act as the legal representatives of the government when cases are filed against people who violated the law. It is essential for prosecutors to ensure that the evidence is sufficient before they bring the case to the court. The standards set by Strickland v. Washington will also be clarified by describing it and its effect on courtroom cases. These guidelines and procedures cover rules in handling evidence, code of ethics...
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...Plea Bargaining Paper Daniel Herrera CJA/224 Introduction to Criminal Courts Dr. Beverly Spencer 9/1/2014 Plea Bargaining Paper Plea bargaining is one of the most important pieces of criminal court proceedings that can occur. Plea bargaining is that chance in which a defendant can choose to not be punished or charged as harshly as they should be. Plea bargaining is a very common thing used within the courthouse and even though it can be good for an individual it can also be bad if not completely understood. The thing with a plea bargain is that at any time a judge can overthrow a bargain and still send the case through strenuous court hours. Plea bargaining is however very important because over ninety percent of all criminal cases are built and completed due to plea bargaining. Plea bargaining can be defined as an agreement between a prosecutor and a defendant whereby the defendant is allowed to plead guilty to a lesser charge rather than risk conviction for a graver crime in order to avoid a protracted trial or to win the defendant’s cooperation as a witness (“Plea Bargaining”, 2014). Now a plea bargain can mean everything to nothing towards a case. The prosecution would use these types of bargains for leverage against the defendant. What is meant by this is that the defendant can be offered to give a testimony of the events which can eventually lead into a charge and conviction into a higher profiled case. This is the case most of the time; usually the prosecution...
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...font, use bold type, or some other means for setting your responses apart (but please do NOT change the color of the typeface). 6. When you have completed entering your responses, print out your final copy and sign the last page. Also, be sure to attach any necessary documents before you submit the final copy. DO NOT INCLUDE THIS SHEET WHEN SUBMITTING STAGE TWO FOR GRADING! KANE COUNTY ADULT COURT SERVICES PRE-SENTENCE INVESTIGATION REPORT Please type all responses Defendant’s Name: Edward Ignatious Case #: 16 CF 0071 Investigator’s Name: Rodrick Parker Date of Report: 3/15/16 Charge(s) Plead: Unlawful Use of Weapon (720 ILCS 5/24-1(a)(8)) & Aggravated Assault (720 ILCS 5/12-2(c)(1)) Date of Guilty Plea: 3/2/16 Sentencing Date: 3/28/16 Part I: Case Information and Summary Please provide a narrative that...
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...Insanity Defense Paper Team B CJS/305 June 1, 2015 David Harper Insanity Defense Paper Mr. Stu Dents is charged with the murder of his girlfriend and a legal team has been chosen to represent him. At the time of his arrest, Mr. Dents was witnessed by police yelling such things as “Alien” and “I am God, let me go! I am God!” Now facing not only homicide but several other criminal charges such as burglary, assault on police, and kidnapping, Mr. Dents has made the choice to plead insanity. However, the question remains as to whether or not there is enough for an insanity defense. Should Mr. Dents stand trial? What are the state requirements for an insanity defense? What steps must be taken to prove insanity? Trial Mr. Dents’ defense team needs to decide if he should stand trial or not. Based on his arrest information a reasonable person would believe Mr. Dents to suffer from some sort of mental illness. However, when deciding if a defendant should stand trial or not the decision is not based on their mindset during the crime or the arrest. The decision is based on the mental state of the defendant at the start of trial. According to Criminal Law Today, “a person is competent to stand trial if he or she, at the time of trial, has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rational as well as factual understanding of the proceedings” (Schmalleger, Hall, & Dolatowski, 2014). Mr. Dents has already consulted...
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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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...I believe that the insanity defense is valid in situations when it is necessary. Many people believe that anyone can plea inanity and that those who do so, do so because they want to avoid a guilty plea. However, in our book it says that because the definitions of insanity vary, “insanity defense is not a haven for the faker, but instead a situation in which people with severe psychological and psychiatric problems often end up in prisons rather than hospitals,” (Fulero &Wrightsman, 2009). This proves that not everyone can plead insanity and those that do, do not always escape punishment. Therefore, it is valid, because not everyone can use it and those that should, do not even get special treatment. Yes, an individual’s state of mind at the...
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...The criminal trial process begins with the arresting of the individual or the filing for an arrest warrant. An arraignment usually occurs within 48 hours after an arrest. At this time if the defendant has not been mirandized, they will advise them of their rights and of the charges against one. Bail will be set as long as the charge is not murder (2011). A judge can determine if he wants to impose bail for someone charged with murder. They will be given a date for their next court appearance and will be able to post bail and leave or if bail is denied will be remanded into custody (2011). In a state case the preliminary hearing is the next step. Within 7 to 10 days of the initial arraignment the preliminary hearing will take place. During this hearing a district judge will decide if the charges should be upheld. The prosecutions job is to prove that the charges are valid via a prima facie case. Witnesses and evidence will be provided by the prosecutor. The defense attorney does not provide any at this point. If the charges are federal charges an individual goes before a grand jury instead of a preliminary hearing. Grand jury trials are private hearings comprised of 23 citizens. The only one allowed to present in this hearing is the jury, prosecutor, and any witnesses the prosecutors deems necessary. The witnesses can only enter one at a time and have to leave immediately after giving there testimony. A formal arraignment takes place within 30 days from the...
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...maximum penalty of 120 years in jail, but 15 to 20 years is appropriate under federal sentencing guidelines. Because she cooperated with authorities from the very beginning of their investigation, the judge limited her sentence on November 17, 2010, to 11 years in federal prison, plus restitution to Koss of $34 million. Her physician husband filed for divorce after the sentencing hearing. Federal officials have seized most of her assets, including a 2007 Mercedes-Benz, timeshares, jewelry, shoes, furs, and other luxury items – some that were never worn because they were put into storage for lack of space. Sachdeva’s attorney claims she has a bipolar disease of compulsive shopping disorder and is an alcoholic. Countering the defendant’s plea for a lenient sentence because of mental illness, Koss CEO Michael Koss asked the judge to sentence Sachdeva to the maximum 15 to 20 years, writing that she “stole from the hardworking employees of the company and their families, and ultimately the stockholders of the...
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...inaccurate perception of the Insanity Defense. Even though, the public does acknowledge that there is a need for the insanity defense to exist, but it is “considered a loophole , that allows too many guilty people to go free.” (Silver, Cirincione, & Steadman, 1994) The method for this article is study of a sample that was taken among different counties in eight states, to meet the criteria, they wanted to obtain two thirds of all the insanity acquittals in each state. There was a total of forty-nine counties that was looked at and they used defendants that entered an insanity plea anytime during their defense between 1976 and 1985. (Silver, Cirincione, & Steadman, 1994). Things that was took into consideration was the demographic characteristics of the defendant, such as arrest, charge, victim characteristics, verdict and sentence...
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