Insanity Defense Paper

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Insanity Defense Paper CJA/354 February 9, 2014 Insanity Defense Paper As a member of a defense team at some point you will have to decide how you want your client to plead. One of the more controversial and often discussed defense pleas is to plead insanity. In order to plead insanity the defense will have to prove that the defendant was indeed not able to think clearly at the time of the crime. Each state has differing requirements for an insanity defense and that can change if one can actually plead insanity. Once the defense has decided on pleading insanity it is up to the prosecution to prove that the defendant was not insane and committed the crime with a clear mind. In the case of State v. Stu Dents you have a man, Mr. Dents being tried for multiple crimes to include: Homicide, assault of a police officer, kidnapping, burglary, and crimes related to drugs. The laws for an insanity defense are different for every state. Some states do not even allow an insanity defense. For the state of Florida they use the M’Naghten Rule, the burden of proof is on the state. The M’Naghten Rule is a test that focuses on whether a person knew what he or she was doing and if he or she knew if it was right or wrong at the time the crime was committed. The person being charged has to meet one of the two and in some states the first part of the test, which a person can be considered legally insane for not completely understanding has been eliminated (Florida Forensic Psychology, 2012). For the insanity defense in the state of Florida there are different parts. The affirmative defense to a criminal prosecution that whoever committed the offense was insane. A person is considered insane when a mental infirmity, disease, or defect and because of this he or she did not know what was being done or the consequences; or he or she knew what was being done but
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