Since insanity is defined so arbitrarily, lawyers can protect their clients from their punishments with relative ease by dragging out the legal process for years at a time by using the insanity defense. To be protected with the insanity defense in many states, a criminal must take the M'Naghten test: failure to determine right from wrong deems the criminal insane (Cornell University Law School). Although some argue that people with mental illnesses cannot be held accountable for their actions, the greater concern should be for the overall safety for The United States of America because criminals who plead insanity can be a danger when released, legal definitions of insanity vary from jurisdiction to jurisdiction, Supreme Court has upheld four states' abolishing of insanity defense, and there is incomplete research on insanity. Shafer !2 Insane criminals who are found not guilty by reason of insanity are sent to mental hospitals to rehabilitate and treat their illness. The problem is that the criminals who are sent to a hospital and become "cured" could be a danger to society.
This created the M’Naghten rule, which held that a man is not responsible for his criminal acts, when, because of a “disease of the mind,” he does not know the “nature and quality” of his acts or does not know they are “wrong.” The courts used the M’Naghten rule for some time as the determination factor in cases where the insanity defense was their plea. Because of its broad definition and criteria, the M’Naghten rule adopted many forms over the years. Cases like Durham v. United States help the rule form the “product of mental illness” approach. The test named Durham product test created an assessment for insanity based on a substantial lack of mental capacity
It found that Federal Rule of Evidence 501 prompted the recognition of a psychotherapist-patient privilege. Ruling: To the surprise of both participants in the case and legal experts, in a very powerful seven to two decision, the Court ruled that the communication of a psychotherapist-patient relationship is privileged under rule 501. The Court further ruled that the privilege should extend beyond the patients of psychiatrists and psychologists and should also include the patients of social workers. Application: The communication between a licensed psychotherapist and a patient is privileged and that the therapist cannot be compelled to reveal the content of such communication. Federal Rule of Evidence 501, which simply says that all privileges are "governed by the principles of the common law .
The insanity defense allows a mentally ill person to avoid being imprisoned for a crime on the assumption that he or she was not capable of distinguishing right from wrong. Often, the sentence will substitute psychiatric treatment in place of jail time. The idea that some people with mental illness should not be held responsible for crimes they commit dates back to the Roman Empire, if not earlier. The "not guilty by reason of insanity" (NGRI) verdict rests in part on two assumptions: that some mentally ill people cannot be deterred by the threat of <A...< p> [The entire page is 1297 words long] Join eNotes The above is a free excerpt. Get total access to this content with the: eNotes Pass Join eNotes Over 3,500 study guides, question and answer forums, literature criticism, reference content, and much more!
In most instances, psychological debriefing teams arrive on the site of the trauma, especially, when its an incident that involves a mass of people. Devilly and Cotton, perceived that psychological debriefing does more harm than good to enhance lives. Emmerik et al (2002) concluded that psychological debriefing did not change the long-term outcome, and CISD was seen as a hinderance in the recovery process. (2.) Authors, Devilly and Cotton, proposed that CISD and CISM are one in the same, and its methods are undefinable.
There are many controversial issues in the criminal justice system, but none more so than the use of the exclusionary rule to suppress evidence. This rule, based on protection offered under the Fourth Amendment against unreasonable search and seizure, has been in place at the federal level since 1914 and at the state level since 1961. (Scheb, 2008) There are both pros and cons to the continued use of the exclusionary rule, as well as some possible alternatives. Our system of justice is based on the idea of “separation of powers” that prevents any one branch from overstepping its powers. In line with this, the investigative department requests warrants to search for evidence, but they must be approved by the judicial branch.
Yet, why does one get away with it and another does not? Depending on the severity of their illness and the intensity of the crime, individuals with a mental illness who commit a crime should not be convicted, but they should be hospitalized if they are a threat to society. The question that most people ask when proposed this question is: who is considered mentally ill? To clarify, there are two prevailing legal tests to determine whether or not a defendant is legally insane. According to Terry Lenamon, expert Criminal Trial Attorney, the first, and most popular, is the “M’Naghten test.” Lenamon says, “Under M’Naghten, the determining factor is whether or not the defendant was (1) able to understand what he (or she) was doing at the time of the crime due to some “defect of reason or disease of the mind” or, (2) if he (or she) was aware of what they were doing, that he (or she) nevertheless failed to comprehend or understand that what they were doing was wrong” (Lenamon).
The method of so-called therapy landed Andre McCollin in the hospital in a nonresponsive state for three days. Cheryl McCollin now has a civil suit against the Center for the damaging treatment against her son. Who is now diagnosed with acute stress disorder and to her will never be the same. Since the Center
In Season 1. Lydia became very confused, fell, and fractured her hip. She was hospitalized and had undergone surgery to repair her hip. Danillo spent much of his time at the hospital, blaming the staff for not taking care of her, neglecting his own health during that time his blood pressure was elevated and several attacks of angina. He adjusted his medications according to the reading of his blood pressure and did not seek medical attention.
The violation that happens to the people with the sickness is also judge able, because how can you tell your citizen’s they have the right to life, liberty and freedom, when you’re putting a limit to their freedom? Under the Mental capacity Act (2005), it has been stated that all adults are supposed to decide for their selves whether they want any medication or not, except if they have severe illness, such as; either their mind or brain is impaired, or the impairment or disturbance shows that the person cannot make proper decisions at that time. The cons of not getting medical treatment can cause the following issues in life, brain damage caused by a severe head injury, stroke or dementia, mental health conditions, another sickness called psychosis, the damage psychosis gives you is that you cannot tell the difference between reality and your