If the Texas legislature would consider the addition of a volitional provision, no matter what form they might choose, would mark a substantial improvement to what presently exists. Such addition would represent a modernization in attitude and woul Continue Reading...
The Insanity Defense: Exploring Legal and Ethical Dimensions Introduction The insanity defense is a controversial legal strategy that allows individuals accused of committing a crime to claim that they were not mentally capable of understanding the Continue Reading...
Ethical Issues With the Insanity Defense Ethical Issues w / Insanity Defense The insanity defense may seem to have a distinct and real place in the legal world. However, defining who is insane, who is not insane, what the definition of insanity is, Continue Reading...
Insanity' Defense The John Hinckley Trial and the Impact on the Insanity Defense Purpose of Insanity Defense The theory that suffices the insanity defense involves the norm that most individuals can choose to follow the law. However, mental insta Continue Reading...
When does insanity excuse criminal liability? A defendant has an excuse for liability, says Paul Robinson, in his book Criminal Law Defenses, when he or she is acting involuntarily and their own disability causes him or her to mistakenly or unknow Continue Reading...
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventi Continue Reading...
Pre-Sentence Investigation Defense Attorney Jim Aiken Narcotics Detective Homicide Detective Miranda The Miranda rights were formulated in 1966 by the U.S. Supreme court after a case between Miranda v. Arizona. The Miranda rights relate to the Continue Reading...
Mental conditions and competency of someone with PTSD who used self-defense in a domestic violence incidentAbstractPost-traumatic stress disorder (PTSD) has at times been cited in criminal defense arguments to justify matters such as sentence mitigat Continue Reading...
PTSD as a Defense The third edition of the Diagnostic and Statistical Manual of Mental Disorder recently included an anxiety Post-traumatic disorder otherwise known as PTSD. This disorder stems from psychological sequel, which comes as an aftermath Continue Reading...
Substance Induced Insanity Psychosis is a psychiatric state that can either be enduring or temporary. A person suffering from the condition may experience memory lapses, incoherent speech or thoughts, lack of concentration, delusions and/or hallucin Continue Reading...
Infanticide in Australia Infanticide is the act or practice of killing newborns or infants. It has been committed or performed in every continent and in every level of culture from the poorest hunters and gatherers to the richest and most advanced c Continue Reading...
Research the McNaughton rule. What was McNaughton and how did the McNaughton Rule come into being? The name McNaughton came from the son of A Glasgow wood turner who was deluded that there was conspiracy against him when the catholic priests sent spi Continue Reading...
2, 1992). If the accused is found fit to stand trial, the defense can still attempt to plea NCRMD. In order to be found not criminally responsible, the judge or jury must find that the defendant did commit the offense, but that a mental disorder at Continue Reading...
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authori Continue Reading...
Criminal Defense -- Mental Insanity / Georgia v. Randolph / Fernandez v. California What defenses, if any, were used in these cases? (Georgia v. Randolph) Scott Randolph wanted the cocaine possession thrown out because he said he did not give permis Continue Reading...
Competency to Stand Trial DRAWING THE LINE At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned (Winick, 2002). The issue may be brought up when he pleads gu Continue Reading...
4, para.2). Therefore, the presence of an underlying mental illness that did not render a defendant unable to appreciate that he was committing a crime or compel him to commit it, may still be sufficient to mitigate the crime. Furthermore, a lack of Continue Reading...
While there are some differences according to jurisdiction, in general, if the defense is allowed by the judge to go to the jury. The term illness of the mind is solely a legal notion. In the case of Bratty v. Attorney-General (Northern Ireland) (1 Continue Reading...
Nonetheless, Bill never hurts other people simply because he thinks that it is irrational to hurt others. He thinks that any rational person would be like him and not hurt other people. Does Bill really understand that hurting others is morally wron Continue Reading...
" These authors purport that although mood and behaviour may constitute a vital part in disorderly outcomes of drinking scenarios, other social factors can equally contribute influences. These factors, according to these authors, can be categorized b Continue Reading...
Criminal Law and Psychopathy I. Introduction Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the char Continue Reading...
Moreover, in Perry v. Louisiana, 498 U.S. 38 (1990), the Court used that decision to bolster Louisiana's attempts to forcibly medicate a prisoner in order to make him death-eligible. If one agrees that the death penalty is a just penalty for one who Continue Reading...
The findings of all of these evaluations could then be used to paint a picture that sheds light on whether the insanity plea in question is potentially or verifiably legitimate or if it seems to be a ploy to get around the charges in play. Some not Continue Reading...
Murder Kentucky defines murder as "a capital offense" that occurs when a person "with intent to cause the death of another person" does so. Thus, accidental deaths may not be categorized as murder. Also, in this state, if a person kills someone "un Continue Reading...
Regardless of social status, defendants who are poorly represented by their attorneys are more likely to receive death sentences than those who are zealously represented by counsel. (in Opposition to the Death Penalty: Arbitrariness and Discriminati Continue Reading...
adults have an episode or two from their youth of which they are not extremely proud. Perhaps it involved sneaking a beer (or several beers) at a social function, or lying about one's plans for the evening to get permission to attend a questionable Continue Reading...
Legal Issues and Accountability If the doctrines of Mistake of Fact and Mistake of Law exist in Fun Land as they do in the United States, I actually believe that my defense would turn out successfully. The fact of the matter is that I was a stranger Continue Reading...
Clinical Psychology Worksheet What are at least two legal issues associated with clinical psychology? Provide an example of a situation that could be legal but unethical. Explain your response. There are some fairly obvious examples that could be u Continue Reading...
Gay Serial Killers Serial killers continue to hold a fascination on the American public. The crimes of this subset of murderers are frequently sexualized in nature, which perhaps adds to the titillation in media coverage. It is worth observing that Continue Reading...
Specifically, Singleton's case was denied review by the U.S. Supreme Court in 2003, and he was executed in Arkansas on January 6, 2004. As noted in the lower court's dissent: "Treating the prisoner may provide short-term relief but ultimately result Continue Reading...
.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. Continue Reading...
A long passage is quoted here by way of showing what all these various writers are concerned about: (Kane, 2003)May 2002 brought the odd spectacle of ex-President Jimmy Carter standing shoulder to shoulder in Havana with one of the U.S. government's Continue Reading...
Fault: An Alternative to the Current Tort-Based System in England and Wales The United Kingdom statistics regarding claims THE NATIONAL HEALTH SYSTEM OBSTACLES TO DUE PROCESS THE CASE FOR REFORM THE REGULATORY ENVIRONMENT THE RISING COST OF LI Continue Reading...
voluntary and involuntary manslaughter? Voluntary manslaughter refers to a situation where the defendant committed an unlawful homicide with criminal intent or malice aforethought, while involuntary manslaughter refers to a scenario where a defenda Continue Reading...
This is the view that gives basis to the Routine Activity Theory, in which the rational choice theory gives young criminal actors a way of justifying criminal behaviors. The rational choice theory works from the idea that for many juvenile offenders Continue Reading...
criminal justice. Each question must be 300 words long. Identify the requirements for the insanity plea in your jurisdiction and contrast this with the M'Naghten standard, the Brawner standard, ALI standard, and the Durham rule. Identify similariti Continue Reading...
50). Court Case and Trials Confession of Andrea of drowning all of her five children came on the same day in the presence of her psychiatrist, Dr. Michael Welner. She confessed of locking her family dog so that it could not interfere with the kill Continue Reading...
