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.
We the prosecution find Mr. Bartholomeu Malinger to be guilty of all charges for the murder of Mr. Jenkins Benign. The insanity defense is used in situations in which the accused did not know what he or she was doing or its consequences, or knew exactly what he or she was doing, but did not know it was wrong (statute 775.027). A felony is technically any criminal offense that is either punishable under the laws of this state, or would be punishable by death or imprisonment in a state penitentiary if committed in this state (statute 775.08). In this case, it is unlawful to issue excusable homicide; which clearly states that homicide is excusable only in the case of accident and misfortune, or if provoked and not done with a weapon or in a cruel and unusual manner (statute 782.03). The state statute for murder (statute 782.04) states that the unlawful killing of a human being without any premeditated design to affect the death of any particular individual is murder in the second degree and constitutes a felony in the first degree.
Page 293: More Festa testimony. Page 294: Black, as customary with all cases, made a motion that the government had failed to prove its accusations. And the judge threw out the bribery charge. Page 295: The judge would only tell the jury that the bribery charge was “no longer available for your consideration.” Black lays out the summary of the defense. Page 296: Reluctantly, Black rested without Fred's testimony, he was scared that he would open up latitude for a new charge.
1. Do you think the protagonist, “Kevin,” in this story was guilty of the crimes he committed? Why or why not? I believe Kevin was guilty and I believe the judge was spot on with her explanation. It is true that he could not control it, but when he knew it was wrong he should have went for help.
Furthermore, I explained the hardships faced by indigent defendants who truly need a mental health professional to assist with their defense. Denying an indigent defendant of the tools and expert witnesses needed to support their insanity plea is a blatant disregard for the valuable concept of due process. References American Civil Liberties Union. (2015). Mental Illness and the Death Penalty.
Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense.
iFORENSIC PSYCHIATRY When killing isn’t murder: psychiatric and psychological defences to murder when the insanity defence is not applicable Anthony Samuels, Colman O’Driscoll and Stephen Allnutt ´ Objective: This paper describes psychiatric and psychological defences to murder where the defence of insanity is not applicable. The charges of murder and manslaughter are outlined. Self-defence, sane and insane automatism, provocation, diminished responsibility, duress, necessity and novel defences are discussed. Conclusions: The complexities of psychological and psychiatric expert evidence are highlighted as well as the fact that legal decisions are not always consistent with medical or scientific theory. It is concluded that this is a controversial and evolving area of mental health law and mental health professionals have an educative role and a responsibility to provide testimony that is supported by the best possible evidence.
Why do the criminals try to make it even worse? Hopefully some valid points can be brought to light about this subject matter. An insanity defense is a plea used by a defendant, to say that they are not guilty because they were lacking the mental capacity to understand that they
Insanity Defense By definition insanity is a deranged state of the mind usually occurring as a specific disorder, such as schizophrenia. Another definition would include such unsoundness of mind or lack of understanding as prevents one from having the mental capacity required by law to enter into a particular relationship, status, or transaction or as removes one from criminal or civil responsibility. Yet, descriptive it really doesn’t answer the questions what is insanity and who defines what it is nor who is insane. Insanity by society’s general public would say that it’s a person being in the act of crazy or madness; but, who really gets to answer this question of insanity. Often times more than not someone walks into court attempting to plead by way of insanity.
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.