That is particularly important in connection with criminally insane defendants whose mental conditions are treatable but dependent on the individual's maintaining a prescription drug regimen. For example, it is an individual suffering from a known m Continue Reading...
If someone is mentally weak in any way, such as those who would be eligible for the insanity plea, sending them to prison would be very dangerous indeed, for they would be more likely to be influenced into being worse criminals. Additionally, those Continue Reading...
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...
Stu Dents Charges The author of this report has been asked to revisit the case of Stu Dents and the litany of crimes he is alleged to have committed against Uma Opee and in general. There is indeed a laundry list of issues to be seen and charges whe 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...
For example, there is currently a case in Florida were a 50-year-old woman shot and killed her teenage son and daughter. She said she did it because they were "mouthy" to her and she was tired of it. There is no word yet on whether she will plead in Continue Reading...
Criminal Insane Defense The insanity defense has been a topic of much controversy because of its perceived means of excusing someone from a crime that has been committed. Although much is perceived of the insanity defense as a way to avoid accountab 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...
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...
Insanity evaluations represent the most challenging forensic assessments in the criminal domain" (Rogers, 2008, p.126). This is due to the fact that insanity evaluations require the psychologist to assess whether a defendant had a mental illness at Continue Reading...
It also states that even if the court-appointed examination in a mental facility finds Holmes insane, he could still be found guilty. Once again, the tone of the article is factual, although it does not really present the arguments of the two opposi 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...
This means that high-profile cases that successfully use the insanity defense will likely generate criticism of the plea, even in those instances where its application was justified. In this regard, Cromier reports that, "The details of the insanity 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...
This new reformulation of the insanity defense, a kind of a fusion of the earlier M'Naghten and Durham tests, was intended to be a less constrictive version of the right-wrong and irresistible impulse tests. Today, "most states in the union allow th Continue Reading...
"(Bonnie et al.) For many the ability of a client to participate in pleading insanity is controversial. Many contend that this ability shows that the person is rational and should be punished accordingly. While others argue that, the ability of a pe Continue Reading...
Topic: Examine the history of the Texas insanity ruleThe topic of insanity as a defense is particularly apropos considering the recent criminal justice incidents within the media. Over the past few years, America has been marred by tragic shooting de 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...
Homicide Law is invoked in cases where cause of wrongful death of a human being is being investigated. The accused or defendant is tried under the appropriate sections of the law according to the merits of the case. The death may have taken place as 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...
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...
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...
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...
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...
Usually, it is more likely that the ruse is discovered by a forensic psychologist, and/or that there is simply too much evidence pointing to the fact that the criminal knew what he or she was doing when the crime was being committed (Adler, 2004). 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...
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...
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...
The popular media's negative coverage of the insanity defense in contested cases when a defendant claims not to have the rational capacity to commit a crime or has a diminished capacity to conceptualize a criminal intent has caused the public to dis 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...
" 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...
However, domestic violence has been more appropriately described as domestic terrorism, and the heightened fear and heightened awareness experienced by victims has an undeniable impact on their reasoning skills. As a result, it is important that bat Continue Reading...
These may include dismissals and mistrials, as well as appeals. The chapter details some of the notional elements around double jeopardy, including the situations in which same offense can be defined as such. Essay Gilbert Law Summaries on Crimina 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...
Manion himself finds it ironic that if he had caught Quill in the act and killed the rapist, he would have been exculpated from any guilt. The time lag between finding out about the crime and killing Quill seems like a mere technicality to the Lieut 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...
