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 .
A few months later he stabbed and strangled a woman. The young man with her survived being shot twice and provided the first clue to authorities, the assailant was an average man with crazed eyes. After the second crime, Rader wrote a letter confessing to the first murders and referring to himself as the BTK Strangler. He explained that BTK stood for B-bind them, T-torture them, K-kill them. Psychological Studies on Rader have established that even as a young child in grade school he would often fantasize about bondage, controlling and torturing individuals.
This allows the results to be generalised. Weaknesses The hospital staff was deceived - this is, of course, unethical. Although Rosenhan did conceal the names of hospitals or staff and attempted to eliminate any clues which might lead to their identification. Rosenhan did note that the experiences of the pseudo-patients could have differed from that of real patients who did not have the comfort of knowing that the diagnosis was false. Perhaps Rosenhan was being too hard on psychiatric hospitals, especially when it is important for them to play safe in their diagnosis of abnormality because there is always an outcry when a patient is let out of psychiatric care and gets into trouble.
On the other hand, Luban, would say Yoo ignores the law models and war models if they deny terrorist suspects protection as required. Yoo says, in order to convict a defendant of torture the prosecution must have establish that the torture occurred outside the United States, the defendant acted under the color of law, he victim was within the custody of the defendant, the pain or suffering should be intended. Torture is performed on victims to obtain information or confession, to punish them, for intimidation, or for discrimination. Mental pain is effected by intentional or threatened infliction of severe physical or mental pain, administration or threatened administration of mind altering substances or methods that disrupt senses or personality, threat of imminent death or threat that another person will be immediately subjected to death. Luban raised two models; first is the war model, which supports the use of lethal force on enemy troops irrespective of whether they were personally involved with the adversary.
After medical professionals deem a person mentally ill, the court room can then proceed to conclude an insanity defense. Both understand that claiming a mental illness can be sufficient enough to somewhat relieve the burden of guilt in a court of law. The diagnosis of mental illness does not automatically deem innocence and the person usually becomes institutionalized, therefore treated, but not punished for their uncontrollable actions. In a courtroom, the idea an insanity defense created a right-wrong test which was established with the M’Naghten Rule in the case Queen v. M'Naghten (1843). This test was applied when deciding if a person, at the time of the committing of the act, was ‘laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act he was doing or, if he knew
Maria Everson Zaborsky Infamous Crime Cases An infamous case that was solved by forensic evidence was the Theodore Robert "Ted" Bundy case. He was an American serial killer, rapist, kidnapper, and necrophile. He assaulted many women and girls killing between 30-40 people throughout seven different states, which Ted Bundy confessed to. He also cut the head of 12 victims off and kept the head in his house as a memory to always have, he would also kill women and later return to the crime scene to have intercourse with the body until it began to rot or was destructed by wild animals. In 1975 Ted was arrested in Utah but was released due to the little evidence, Two years later was convicted of kidnapping and escaped.
In the late sixties and early seventies, California was haunted by dozens of unsolved murders. The offender remains unknown to this day. The murderer, who referred to himself as “the Zodiac,” ;made contact with the police and area newspapers throughout his reign of terror through a series of menacing notes. Although the police were never able to apprehend Zodiac, they were able to gather information about him via the letters. Zodiac boasted of killing up to forty victims, however, police The Zodiac Killer The late 1960’s and early 1970’s represented a great deal of things to a great deal of people.
Venezuela’s prison La Sabeneta is one of the worst prisons due to that they have one guard to every 150 inmates. Corruption and bribery is normal with the staff and 624 hurt and 196 murdered in 1995 shows the brutality of the prison when an inmate had a gun battle with the inmates. La Sante prison in France is well known for its high suicide rate with 124 suicides in just 1999. Some have even eaten rat poison to escape from living there. Many have become slaves while others only leave their cells for 4 hours a day.
Introduction On February 27, 1859 at two in the afternoon 12 people witnessed a man being shot several times in his legs and thighs and then being murdered by a gunshot to the chest. Phillip Barton Key, the son of Francis Scott Key, the man known for writing The Star Spangled Banner, was having an affair with Congressman Daniel Sickles’s wife. Sickles caught Phillip Key calling for his wife from a second story window and became enraged. His anger led him to grab two handguns and run after Key screaming several times that he must die. This is the point where he fires several shots into Key's legs and thighs forcing him to fall into a fence.