What steps must be taken to prove insanity? When the defense claims that their client was not in a state of understanding for what he or she did due to mental disorder is often known as the insanity defense. This is to show that the defendant was unaware at what he or she was doing and should not be held accountable for the alleged actions. In this particular case the term insanity is used more legally than medically, so it is the court’s decision on if there should be a medical professional involved or not. Stu Dents was charged with homicide, kidnapping, assault of a police officer, burglary, and crimes related to drugs.
His abnormal behavior and clear signs of mental disturbance display a tragic example of violence caused by pathology. It is against my moral judgment to represent James Holmes in trial, as I pride my psychological experience and expertise on a strong ethical foundation. Therefore, in my professional opinion it is unethical to stand before a jury and testify in trial for the defendant. To deem him mentally insane in order for him to be vindicated of his violent mass murder crime by utilizing the insanity plea to escape jail time would never leave my conscience. James Holmes committed brutal and lethal acts on July 20, 2012 in Colorado that were premeditated and precisely calculated; Acts that resulted in the tragic death and serious harm to several innocent, harmless civilians.
Week 6 Check Point: Mind Over Matter By Mary Setzer The difference between mental illness and insanity is that insanity is a more severe form of mental illness where a person fails to realize what is real and what is fantasy. The M'Naghten rule can't be used to defend the actions of someone who drinks alcohol because drinking is a voluntary act. Had the person not had alcohol, they would not have committed a crime. If someone receives a rational and guilty verdict after committing a crime, it means that the person convicted knew what they were doing and aware of the consequences. A guilty but insane verdict means that the person convicted was insane to have killed someone (for example) but realizes what they have done is wrong.
Mind Over Matter Checkpoint McNaughten rule states that it must be clearly proven that at the time of committing the crime the accused, did not know that what they were doing was wrong because of some from defect of reason , from disease of the mind. The difference between between mental illness and insanity is the degree of mental instability the person suffers from. I mentally ill person would have severe depression, anxiety. Signs would be present and sometimes easy to spot, but these people know what is going on and know have a grip on reality. An insane person would not know the difference between reality and fantasy.
The criminal justice system relies heavily on eyewitness identification for investigating and prosecuting crimes in that, it may be the only evidence present for identifying criminals in certain cases (Wells & Olson, 2002). The strong weight given to eye witness identifications is nonetheless a matter of concern as it eye witness identifications have been demonstrated to be flawed, even when witness confidence is high. Experience has shown that the convincing and sincere witness can often be mistaken. Memon (2008) explains where eye-witness testimonies have been greatly unreliable; where Jean Charles de Menezes was shot by police as a result of mistaken identity. According to eye-witnesses he was described as suspicious, jumped over a ticket barrier and was wearing a wearing a bulky jack supposedly concealing a device.
Homicide is murder but not all homicides are illegal some are considered justified homicide an example of justified homicide is when its done as an act of self defense. Homicide is a heinous crime that is very serious and will result in going to jail for a long time.This is what homicide is. Scenario Two: What is the most serious offense Lori can be convicted of? Explain. Lori committed a controversial crime that many people believe was the right call to make but a crime is a crime you can’t break the law just because you don't like it and in this paragraph i will explain to you what law Lori will most likely be charged for.
The law applies to 3 convictions, not 3 crimes (i.e. criminals may get away with several incidents). The law destroys the flexibility of the courts and the judge. It is unjust in certain conditions (victimless crimes, young criminals, etc.). Criminals often plea bargain their first two convictions.
Civil Commitment and the Mentally Ill In society today, more often than not we, in the Justice System see people trying to use the insanity defense. Criminals today are most like repeat offenders or as we have seen in recent years, very rich and famous. These people either know the court system very well or can afford a high priced lawyer that can put an insanity defense together. The psychological community has a lot to deal with when talking about behaviors. Why do the criminals try to make it even worse?
How does one run away from the death penalty? The insanity defense is used as a loophole, instead of by truly mentally ill people who have committed a crime. (Valkin 1.) Criminals will plead insanity or claim that they have some sort of mental illness so that therefore, the death penalty or whatever type of punishment they are receiving is less harsh. An example would be of a man well known and hated throughout the state of Colorado, Mr. James Holmes.
Criminal defense of insanity is one type of popular strategy which is tried to be used by many criminal offenders whom are found to be guilty of their crimes or are about to fall within law’s hands. This type of defense is not just common in the courtroom but within the public television shows or movies, it is that of a great factor that plays roles well in sitcoms or popular movie scenes. What the insanity defense means is that a person has indeed committed the crime, but cannot be trialed or be sentenced to any jail time or anything because he/she did not know they were doing anything wrong due to their illness. There was case of a women by the name of “Andrea Yates who filled a bath with water and methodically drowned, one by one, her five children; Noah, 7 years old, John, 5 years, Paul, 3 years, Luke, 2 years, and Mary, who was just 6 months” and after being sentenced to life in prison and not the death penalty she was retrialed and clarified after she pleaded insanity (web.ebscohost.com). The affirmative criminal defense can be described as being like an option of actually agreeing with the prosecutors, but with the