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If someone is mentally weak in any way, such as those who would be eligible for the insanity plea, sending them to prison would be very dangerous indeed, for they would be more likely to be influenced into being worse criminals. Additionally, those with disabilities, physical or mental, are even more likely than the general population to the raped and sexually abused behind bars. Evidence shows that one out of four members of the prison population are sexually abused while in prison, and the chances for someone who is mentally challenged in any way is much higher. (SPR) Would a jury feel comfortable handing down a sentence of repeated raping and beatings to the defendant of a trial? Most likely, people would be outraged about this form of punishment, and therefore juries should not feel comfortable sending someone who is most likely going to be raped into the prison system.…
Sarason, Barbara R. "The Insanity Defense and the Unabomber Trial." Peregrine Publishers, 1998.
SPR. "The Basics on Rape Behind Bars." Stop Prisoner Rape. 2004. http://www.spr.org/en/doc_01_factsheet.html
Hinkley was obsessed with the movie Taxi Driver, in which the main character -- a drifter like himself -- saves a teenage prostitute from her pimp through violence. Before his assassination attempt, Hinkley wrote a letter to Foster detailing how he was going to attempt to kill the president to win her attention (he had already sent her poems and love letters).
Hinkley refused to cooperate with his defense attorneys unless they asked Foster to testify, enabling him to be in the same room as himself. "All the government psychiatrists concluded that Hinckley was legally sane -- that he appreciated the wrongfulness of his act -- at the time of the shooting. All three defense psychiatrists diagnosed Hinckley as psychotic -- and legally insane -- at the time of the shooting. Further evidence of the severity of Hinckley's mental problems came in May, two days before his twenty-sixth birthday, when…
Linder, D. (2008). The trial of John Hinkley Jr. The University of Kentucky. Retrieved:
Definitions of insanity provided in original case study.
If the Texas legislature would consider the addition of a volitional provision, no matter what form they might choose, would mark a substantial improvement to what presently exists. Such addition would represent a modernization in attitude and would allow the law in Texas to comport more closely with the prevailing societal views on mental health. Those with severe mental health issues deserve the opportunity of having their conditions treated. Lacking the capacity to make reasoned and rational decisions should not subject one to criminal sanctions.
In conclusion, convincing a historically conservative Texas legislature to enact significant changes in the insanity defense laws will be an uphill battle. Attempts have been made from time to do so and all such attempts have met with failure. The political climate in Texas is presently not conducive to radical or even moderate change on this issue. Law and order platforms are the popular choice…
Bard, J.S. (2005). Re-arranging Deck Chairs on the Titanic: Why the Incarceration of Individuals with Serious Illness Violates Public Health, Ethical, and Constitutional Principles and Therefore Cannot be made right by Piecemeal Changes to the Insanity Defense. Houston Journal Health Law & Policy .
Clark v. Arizona, 126 S. Ct. 2709 (U.S. Supreme Court 2006).
Dix, G.E. (2005, December 4). Texas Must Refine Insanity Standard. San Antonio Express-News, p. 5H.
English, J. (1988). Light between Twilight and Dusk: Federal Criminal Law and the Volitiional Insanity Defense. Hasting Law Journal, 1-52.
For example, there is currently a case in Florida were a 50-year-old woman shot and killed her teenage son and daughter. She said she did it because they were "mouthy" to her and she was tired of it. There is no word yet on whether she will plead insanity, but there is evidence that she purchased a gun days before the shooting occurred (Brennan, 2011). That could block her chances at having an insanity plea accepted by a jury, because the purchase of the gun shows planning on her part.
ules of the States - Cases
Each state sets its own rules about what makes a person "insane," because when used in this way it is a legal defense and not a medical defense. Whether a state wants to consider lesser degrees of mental difficulty as part of a person's defense (by reducing that person's punishment, for example) is up…
Brennan, T. (2011). Insanity defense rarely used and rarely successful. Tampa Bay Online News. Retrieved from http://beta2.tbo.com/news/news/2011/jan/31/insanity-defense-rarely-used-and-rarely-successful-ar-11293/
Burns, K.S. (2011). Mental illness and criminal insanity. Retrieved from http://karisable.com/crmh.htm
Ellis, J.W. (1986). The Consequences of the Insanity Defense: Proposals to reform post-acquittal commitment laws. 35 Catholic University Law Review 961.
Florida laws: Florida statutes - Title XLVI Crimes Section 775.01. Common law of England. (2010). Onecle.com. Retrieved from http://law.onecle.com/florida/crimes/775.027.html
This is the loophole that both side tried to exploit during both the initial trial and the re-trial.
No one questions the claim that Yates was mentally ill, either before or during the events that took place. However, in the trial, the decision and weight of prosecution's case lied in the ideal that she had some semblance of knowledge that what she was about to do was wrong. Her mental illness undoubtedly had an effect on how she perceived her actions. She felt that ending her children's lives early would save them from eternal damnation (Dix, 2005).
Two key facts led to the decision in the first trial that she "knew" what she was doing, and that it was "wrong." The first is that she took precautions against being interrupted until she had completed the task. She locked the family dog in the cage when the dog raised protests to…
Dix, G. (2005). Dix: Texas needs to change how it defines insanity. University of Texas School of Law. November 18, 2005 Austin American-Statesman. Retrieved September 14, 2007 at http://www.utexas.edu/law/news/2005/111805_dix.html .
Montaldo, C. (2007). Profile of Andrea Yates. Retrieved September 14, 2007 at http://crime.about.com/od/current/p/andreayates.htm.
Ramsland, K. (2007). Andrea Yates: Ill or Evil. Retrieved September 14, 2007 at http://www.crimelibrary.com/notorious_murders/women/andrea_yates/.
Criminal Insane Defense
The insanity defense has been a topic of much controversy because of its perceived means of excusing someone from a crime that has been committed. Although much is perceived of the insanity defense as a way to avoid accountability, it is actually the least used defense strategy because of its extreme difficulty is proving it (Knoll & esnick, 2008). Every individual is different, but someone trying to plead criminally insane in current times would have to extreme case of insanity visibility and an immense amount of proof to demonstrate their case for not being guilty by reason of insanity. In actuality, of all the cases that enter the insanity plea, only 1% of those cases get the plea granted (PBS 2011). This puts into perspective not only the actual effectiveness of this plea, but also the hesitation that comes with actually granting this to any offender. In…
Knoll, J.L., & Resnick, P.J. (2008). Insanity defense evaluations: Toward a model for evidence-based practice. Brief Treatment and Crisis Intervention. 8(1): 92-110.
Mackay, R.D., Mitchell, B.J., & Howe, L. (2006). Yet more facts about the insanity defense. Criminal Law Review, 6: 399 -- 411.
Bartol, C.R. & Bartol, A.M. (2011). Introduction to forensic psychology: Research and application. Sage Publications Inc.: New York, NY. 3rd Ed.
PBS. (2011). A crime of insanity: Insanity defense FAQs. PBS Frontline:
hat is particularly important in connection with criminally insane defendants whose mental conditions are treatable but dependent on the individual's maintaining a prescription drug regimen. For example, it is an individual suffering from a known mental condition that qualifies for the criteria of criminal insanity may be able to control that condition by following his physicians' orders for prescription medication and then simply stop taking the medication. It is conceivably possible that he could commit murder while legally insane and then be returned to society relatively soon based on resuming the appropriate medical treatment.
Second, permitting the insanity defense deprives the community, especially the victims and survivors of violent crime, from another fundamental purpose of criminal justice, namely, retribution. A perfect example would be the injustice of the case of John Hinckley Jr., who attempted to assassinate President Ronald Reagan in 1981, seriously wounding two law enforcement officers and ending…
There are several bases for opposing the application of the insanity defense to criminal charges. First, it conflicts with one of the fundamental purposes of the criminal justice system: namely, the removal of dangerous offenders from society for the benefit (i.e. safety) of law-abiding members of the community. That is particularly important in connection with criminally insane defendants whose mental conditions are treatable but dependent on the individual's maintaining a prescription drug regimen. For example, it is an individual suffering from a known mental condition that qualifies for the criteria of criminal insanity may be able to control that condition by following his physicians' orders for prescription medication and then simply stop taking the medication. It is conceivably possible that he could commit murder while legally insane and then be returned to society relatively soon based on resuming the appropriate medical treatment.
Second, permitting the insanity defense deprives the community, especially the victims and survivors of violent crime, from another fundamental purpose of criminal justice, namely, retribution. A perfect example would be the injustice of the case of John Hinckley Jr., who attempted to assassinate President Ronald Reagan in 1981, seriously wounding two law enforcement officers and ending the career and forever changing the quality of life of Presidential Press Secretary James Brady and that of all of the members of his family. Insult was added to injury by subsequent judicial authorization for Hinckley to be allowed to spend 120 days per year at his mother's home. In these types of cases, a concept intended to be more compassionate to criminal defendants causes unnecessary additional pain to his victims.
Ultimately, the insanity defense should be used only to determine the type of facility to which defendants should be confined; but they should remain confined for the same duration as any other defendant convicted of the same crime. Any exception to that principle should require the consent of the defendant's victims to preserve the retributive function of criminal justice. Otherwise, the insanity defense defies compassion to victims and survivors of violent crime.
Ethical Issues With the Insanity Defense
Ethical Issues w / Insanity Defense
The insanity defense may seem to have a distinct and real place in the legal world. However, defining who is insane, who is not insane, what the definition of insanity is, whether insanity is temporary or permanent, who should be liable and when and so forth are all burning questions that are extremely hard to answer in a scientific, dispassionate and objective fashion due to the rights and burdens of everyone involved. This report shall seek to answer questions about the ethics of the lawyers, defendants, prosecutors and even the clinicians involved in the insanity defense process and definitions.
Ethical Issues with the Insanity Defense
There are numerous cases that exist currently and historically regarding the "Insanity Defense." In some cases, those convicted for committing heinous crimes, was said to be guilty by reason of insanity…
Blau, G.L., McGinley, H., & Pasewark, R. (1993). Understanding the use of the insanity defense. Journal Of Clinical Psychology, 49(3), 435-440.
Carroll, A., Scott, R., Green, B., Dalton, T., Brett, A., & McVie, N. (2009). Forensic
mental health orders: orders without borders. Australasian Psychiatry: Bulletin Of
Royal Australian And New Zealand College Of Psychiatrists, 17(1), 34-37.
The John Hinckley Trial and the Impact on the Insanity Defense
Purpose of Insanity Defense
The theory that suffices the insanity defense involves the norm that most individuals can choose to follow the law. However, mental instability deprives individuals the ability to make rationale choices thereby they cannot be held accountable for their actions. Such groups of persons require special treatment as opposed to detention in prisons. The use of various forms of punishment does not necessarily deter future antisocial conduct of such mental unstable individuals. In the ancient oman society, legal codes distinguished between the sane and insane individuals depicting accountability and unaccountability of actions respectively.
The Aftermath of the John Hinckley Defense
Backlash and eform
In the John Hinckley case, the jury found the accused not guilty by the reason of insanity. As a result, backlash and public outcry emanated following the ruling. The ruling following…
Linder D. (2008). The John Hinckley Trial 1982. Famous American Trials. Retrieved from http://law2.umkc.edu/faculty/projects/ftrials/hinckley/hinckleyaccount.html
Margolick, David (22 January 1994). Lorena Bobbitt Acquitted In Mutilation of Husband. The New York Times. Retrieved from http://www.nytimes.com/1994/01/22/us/lorena-bobbitt-acquitted-in-mutilation-of-husband.html
hen does insanity excuse criminal liability?
A defendant has an excuse for liability, says Paul Robinson, in his book Criminal Law Defenses, when he or she is acting involuntarily and their own disability causes him or her to mistakenly or unknowingly violate a criminal prohibition. This person does not know whether his or her behavior is wrong or criminal (Robinson 222). This is in contrast to what is called a character-based approach, where a person's adherence to virtues or vices creates a character and a reputation for morality or immorality, upon which they are judged. Finkelstein argues that a system which bases its retributive punishment on a person's character, rather than on the act itself brings about social welfare. Just as one cannot judge a person's moral character upon a single act, one cannot decide the morality or immorality of a person by visible actions. She quotes George Fletcher as…
Article 35 of the NY State Penal Code: Found at http://ypdcrime.com/penal.law/article35.htm .
Finkelstein, Claire. Excuses and Dispositions in Criminal Law. U. Of Buffalo. 14 Apr 2003.
Fletcher, George. Rethinking Criminal Law. 1978.
Hans, Valerie P. And Slater, Dan. "John Hinckley, Jr. And the Insanity Defense: The Public's Verdict," the Public Opinion Quarterly, Vol. 47(2). 1983.
Insanity evaluations represent the most challenging forensic assessments in the criminal domain" (ogers, 2008, p.126). This is due to the fact that insanity evaluations require the psychologist to assess whether a defendant had a mental illness at the time that an offense was committed, and, whether that mental illness was related to the commission of the crime in a way that would make the defendant "insane" under applicable state laws. First, whether or not the defendant is presenting as mentally ill at the time of the assessment is often not relevant to the assessment; most defendants, processed and in the jail system, have access to medications and treatment that they may have lacked at the time of the crime. Therefore, it is important to realize that a defendant's competency to stand trial is a different issue than whether a defendant is not guilty by reason of insanity. If a defendant…
Bonnie, R.J. (1992). The competence of criminal defendants: A theoretical reformulation.
Behavioral Sciences and the Law, 10(3), 291-316.
Frontline. (2013). Instanity defense FAQs. Retrieved September 30, 2013 from PBS website:
It also states that even if the court-appointed examination in a mental facility finds Holmes insane, he could still be found guilty. Once again, the tone of the article is factual, although it does not really present the arguments of the two opposing sides in a complete fashion as to how Holmes might meet or not meet the Colorado definition of inanity.
Another news article from CNN reveals that Holmes' psychiatrist was frightened by the information she received, and even went so far as to break client privileges by notifying the school where Holmes was still a graduate student. "When James Holmes' psychiatrist warned campus police at the University of Colorado how dangerous he was, they deactivated his college ID to prevent him passing through any locked doors" (Brumfield & Mungin 2012). The article offers a more complete picture of Holmes' relationship with his therapist, detailing how after their relationship…
Brumfield, B. & Mungin, L. (2012). Holmes' dangerous mind and deadly weapons revealed in documents. CNN. Retrieved:
Elliot, D. (2013). Colorado shootings suspect to enter insanity plea. Time. Retrieved:
Calling herself an "ill-fated woman" (1251), Medea told reporters through an emissary that the very sight of the children reminded her of her sacrifices to Jason, and the uncovered plot that Creon and the princess were ready to "throw me out of this land and get away with it" (1358).
The trial promises to be lively, with the prosecution asking for the death penalty with all due prejudice. Defense will have its own challenges, guilt is apparent and admitted, it will remain to see the defense's skill in making the Judge and Jury believe that the circumstance surrounding the crime were sufficient to explain the act. When asked what he'd like to see happen to Medea, her attorney commented, "Has she not suffered enough. Has she not spent years of her life awaiting a husband, faithfully executing her duties to him and never straying. To find out that she was…
This means that high-profile cases that successfully use the insanity defense will likely generate criticism of the plea, even in those instances where its application was justified. In this regard, Cromier reports that, "The details of the insanity defense is one area of the law that has been deeply impacted by specific cases (generally when the public backlashes against a defendant who has successfully used the defense)" (p. 130). In particular, the criticisms generated by the John Hinckley case catapulted the debate over the insanity defense to the national forefront (Cormier, 2010). In response to growing criticisms concerning the use of the insanity defense in the John Hinckley trial, in 1984, Congress passed the Insanity Defense eform Act (hereinafter "the Act") that codified several changes to federal law as follows:
1. The Act provided a new standard for insanity, allowing defendants to offer, as an affirmative defense, evidence that at…
Black's law dictionary. (1999). St. Paul, MN: West Publishing Co.
Cook, J.R. (2001). Asphalt justice: A critique of the criminal justice system in America.
Westport, CT: Praeger.
Cormier, J.W. (2010). Providing those with mental illness full and fair treatment: Legislative
This new reformulation of the insanity defense, a kind of a fusion of the earlier M'Naghten and Durham tests, was intended to be a less constrictive version of the right-wrong and irresistible impulse tests. Today, "most states in the union allow this 'right-wrong' test and some states also allow defendants to argue that that they understood their behavior was criminal but were unable to control it. This is sometimes called the irresistible impulse defense" (Martin 1998).
Insanity defenses are controversial amongst the public, just like M'Naghten's acquittal. Yet despite the perception the defense is misused, "less than one percent of defendants plead insanity and, of them, only a quarter win acquittals" (Martin 1998). The majority of defendants acquitted by reason of insanity suffer from schizophrenia or some other mental illness (Martin 1998). To be criminally committed to a state mental institution is not a 'gift.' In almost all cases, a…
Durham rule. (2009). Law Dictionary. Retrieved March 5, 2009 at http://www.answers.com/topic/durham-rule
Legal issues. (2009). University of Hawaii. Retrieved March 5, 2009 http://www2.hawaii.edu/~heiby/Legal_Issues_Revised.html
Martin, John P. (1998, February 27). The insanity defense: A closer look. Washingtonpost.com.
Retrieved March 5, 2009 http://www.washingtonpost.com/wp-srv/local/longterm/aron/qa227.htm
Substance Induced Insanity
Psychosis is a psychiatric state that can either be enduring or temporary. A person suffering from the condition may experience memory lapses, incoherent speech or thoughts, lack of concentration, delusions and/or hallucinations. Other symptoms that may manifest when one is suffering from psychosis include changes in personality and exhibition of unusual behaviors. It has been established that psychosis can be caused by various substances such as marijuana, methamphetamine and alcohol. Substance induced psychosis typically occurs when an individual has been continually using stimulants over a long period of time. The two most common substances or stimulants known to induce psychosis are methamphetamine and amphetamine. Apart from these drugs, the 'designer' drugs have also been found to induce the condition. Individuals suffering from substance-induced psychosis may exhibit loss of contact with reality and they may also become fixated on a certain action or place and may engage in…
Alcoholrehab. (2016). Psychosis and substance abuse. Retrieved from http://alcoholrehab.com/drug-addiction/psychosis-and-substance-abuse/
Bal, B. S. (2009). An introduction to medical malpractice in the United States. Clin Orthop Relat, 467(2): 339-347.
Beck, M. (2011). Confusing medical ailments with medical illness. Retrieved from http://www.wsj.com/articles/SB10001424053111904480904576496271983911668
Bourget, D. (2013). Forensic Considerations of Substance-Induced Psychosis. J Am Acad Psychiatry Law, 41(2), 168-173
Infanticide in Australia
Infanticide is the act or practice of killing newborns or infants. It has been committed or performed in every continent and in every level of culture from the poorest hunters and gatherers to the richest and most advanced classes of people and from the time of our ancestors to modern age (Milner 1998). The act or practice has been so rampant that there is enough evidence on record to show that it has been more the rule than an exception and this evidence reflects that parents themselves kill their infants under distressing and stressful situations. The practice or act was so frequent in England in the 19th century that both the medical and the private communities had to think of ways to control the crime (Milner) described by medical practitioners as savage in a contradiction to human progress.
But infanticide is not a modern creation. It was…
Burleigh, M. (1994). Return to the planet of the apes? - peter singer in Germany. History Today. http://www.findarticles.com/articles/p/m_mi1373/is_n10444/ai_15912728
Cooray, M. (2004). Human rights in australia. Youth Matrix. http://www.youthmatrix.com/art_philos_humanrights.htm
Hammoud, AAM. (2004). Status of women in islam. Australian Muslim Community. http://al-emaan.org/wrights1.htm
Knight, K. (2004). Australia. The Catholic Encyclopedia, volume II, online edition. http://www.newadvent.org/cathen/02113b.htm
Research the McNaughton rule. What was McNaughton and how did the McNaughton Rule come into being?
The name McNaughton came from the son of A Glasgow wood turner who was deluded that there was conspiracy against him when the catholic priests sent spies to harass him. It is from these encounters that the McNaughton Principle came into being. The rule in based on understanding what is right and wrong. It is a test of the two concepts, i.e. "knowing right and wrong by oneself in the course of their actions" (Asokan, 2007). The idea of uncontrollable impulses was not considered an important item. This rule was the standard test that was used by the jury after listening to a medical report. Thus, there was a presumption of sanity unless the defence proved otherwise. The US and the UK adopted the McNaughton Rule and still use it to handle cases to…
If the accused is found fit to stand trial, the defense can still attempt to plea NCMD. In order to be found not criminally responsible, the judge or jury must find that the defendant did commit the offense, but that a mental disorder at the time of the offense prevented him or her from appreciating the quality and nature of the offense, and prevented him or her from knowing the act was wrong (Department of Justice, Canada, 2002). To determine criminal responsibility under the NCMD plea, there are nine main factors. These include evidence of a mental disorder, the motive for the crime, the planning and preparation of the crime, evidence of impaired functioning, the actions following the crime, past criminal history, past psychiatric history, delusions or hallucinations, and knowledge of right from wrong at the time of the offense (Hucker, 2003).
If the defendant is found to…
Aaronson, D.E. & Simon, R.J. (1988). The insanity defense: A critical assessment of law and policy in the post-Hinckley era. Westport, CT: Praeger Publishers.
Carrither, D.W. (August, 1985). The defense of insanity and presidential peril. Society, 6, 23-27.
Consolidated Statutes and Regulations. (2002, updated 2004, August 31). Retrieved March 7, 2005 at http://laws.justice.gc.ca/en/C-46/44528.html .
Criminal Code of Canada, R.S.C., C.C-46 (1992).
"(Bonnie et al.)
For many the ability of a client to participate in pleading insanity is controversial. Many contend that this ability shows that the person is rational and should be punished accordingly. While others argue that, the ability of a person to know that they are insane does not make them sane. In either case, the insanity plea remains as a controversial subject.
Within the realm of psychology, the issue of insanity has always been a topic of interest. Psychologists have long asserted that there are various mental conditions that render individuals insane. These conditions include schizophrenia, bipolar disorder and even certain forms of depression. Psychologists contend that these conditions can make an individual unable to rationalize.
A book entitled Court-Ordered Insanity: Interpretive Practice and Involuntary Commitment explains that many cases involve the hospitalization or commitment of the client. In these cases, the book explains that the client mental…
Bonnie, R.J., Poythress, N.G., Hoge, S.K., Monahan, J., & Eisenberg, M. (1996). Decision-Making in Criminal Defense: An Empirical Study of Insanity Pleas and the Impact of Doubted Client Competence. Journal of Criminal Law and Criminology, 87(1), 48-62.. http://www.questia.com/PM.qst?a=o&d=5000317272
Ellias, R. (1995). Should Courts Instruct Juries as to the Consequences to a Defendant of a "Not Guilty by Reason of Insanity" Verdict?. Journal of Criminal Law and Criminology, 85(4), 1062-1083. http://www.questia.com/PM.qst?a=o&d=77002953
Fass, M.E. (1999). A Forensic Psychology Exercise: Role Playing and the Insanity Defense. Teaching of Psychology, 26(3), 201-203. http://www.questia.com/PM.qst?a=o&d=34684718
Manion himself finds it ironic that if he had caught Quill in the act and killed the rapist, he would have been exculpated from any guilt. The time lag between finding out about the crime and killing Quill seems like a mere technicality to the Lieutenant and morally justifies Manion's actions in his mind, even though he knows he murdered Quill according to the law.
According to the events presented as by Biegler, despite the fact that the Lieutenant was able to search for and find Quill, have enough presence of mind to arm himself, and then turn himself over to the authorities, he had obviously 'blacked out' during the commission of the crime, and had no recollection of the action. Biegler states to the jury that the Lieutenant "while he felt considerable loathing and contempt for the proprietor he had at no point has any intention of killing or…
Phelps, Shirelle. "Insanity Defense." Encyclopedia of Everyday Law. Gale Cengage, 2003.
eNotes.com. 2006. 23 May, 2010
http://www.enotes.com/everyday-law-encyclopedia / insanity-defense
Traver, Robert. Anatomy of a Murder. New York: St. Martin's, 2005.
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…
Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.
Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.
Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.
Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
Competent to Stand Trial
The 1987 film Nuts is a film portrayal of a true story about a woman from a well-to-do family who becomes a high priced hooker and is charged with first degree manslaughter when she kills a violent customer (aka a "John"). Ostensibly in an effort to protect their daughter (and themselves) from the public embarrassment of a trial, the woman's parents encourage therapeutic institutional intervention. In the hearing to determine the woman's ability to stand trial, the woman, stunningly played by Barbara Streisand, insists that she is sane and fights -- quite literally -- for her right to stand trial. A reluctant court appointed attorney -- played by ichard Dreyfus -- eventually comes to believe that his client is sane and able to contribute to her own defense -- he is able to work past her pugnacious exterior and comes to understand and support her in…
Insanity defense. (n.d) The Legal Dictionary. Retrieved http://legal-dictionary.thefreedictionary.com/Insanity+Defense
Nuts. (1987) The Internet Movie Database (IMDb). Retrieved http://www.imdb.com / title/tt0093660/
Melton, GB, Petrila, J, Pytheress, NG, and Slobogin, C. (2011) Psychological Evaluation for the Courts: A Handbook for Mental Health Professionals and Lawyers (2nd ed.) Guilford Publishers. Retrieved http://www.guilford.com/cgi-bin/cartscript.cgi?page=etc./courts_updates.html&cart_id=#part_two
Roesch, R, Zapf, PA, Golding, SL, and Skeem, JL (2004, February) Defining and Assessing Competency to Stand Trial. Golding Publications. Retrieved http://www.unl.edu/ap-ls/student/CST%20assess.pdf
Competency to Stand Trial
DRAWING THE LINE
At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned (Winick, 2002). The issue may be brought up when he pleads guilty, waives certain constitutional rights, at sentencing hearing or when administering punishment, including capital punishment. Either the defense or prosecution or the court itself may raise the issue, even if the defendant himself objects to it. ut mental illness alone, even schizophrenia, does not automatically produce a finding of incompetence. Rather, it is based on the degree of functional damage produced by the illness. Two conditions must be satisfied in order to be adjudged incompetent to stand trial. It focuses on the defendant's mental state during trial. It is differentiated from the legal insanity defense, which is based on the defendant's mental state at the time of the…
Felthous, A.R. (2011). Competence to stand trial should require rational understanding.
Vol. 39 # 1, Journal of American Academy of Psychiatry and the Law: American
Academy of Psychiatry and the Law. Retrieved on April 27, 2013 from http://www.jaaph.org/content/36/4/583.full
Justia (2006). Disposition of the un-restorably incompetent defendant. Justia U.S. Law:
Criminal Law and Psychopathy
Various studies have in the past indicated that there is a high correlation between violence/criminal behavior and psychopathy. This would largely be expected given that psychological studies into the character and disposition of psychopaths has demonstrated that the need for control (or power) as well as egocentrism, which also happen to be the dominant character traits of psychopaths, are predictors for deviant or antisocial behavior. The debate on whether or not psychopaths should be held criminally responsible for their acts, and thus be subjected to criminal punishment, has been raging for a long time. On one side of the debate are legal scholars, lawmakers, and judges who are of the opinion that psychopaths have an existing predisposition to commit crimes as a result of their lack of concern or compassion of any kind for those they hurt. Psychopathy is on this front regarded as…
Moreover, in Perry v. Louisiana, 498 U.S. 38 (1990), the Court used that decision to bolster Louisiana's attempts to forcibly medicate a prisoner in order to make him death-eligible. If one agrees that the death penalty is a just penalty for one who has committed a capital crime, and that the reason that mentally ill defendants should not be executed is because they lack competence, then it does not seem unethical to allow them to be forcibly medicated in order to be competent. After all, in that scenario, avoiding medication could be likened to any other attempt to avoid punishment. Moreover, an organic physical disorder that arose after conviction, but that would have prevented a defendant from committing a crime, would not be sufficient reason not to execute a person on death row.
However, forced medication, especially for court appearances, may violate a defendant's Fifth Amendment right to present a…
Bonnie, R. (2007). Panetti v. Quarterman: mental illness, the death penalty, and human dignity. Ohio State Journal of Criminal Law, 5, 257-283.
Fentiman, L. (1986). Whose right is it anyway? Rethinking competency to stand trial in light of the synthetically sane insanity defense. University of Miami Law Review, 40, 1109-1127.
Ford v. Wainwright, 477 U.S. 399 (1986).
Panetti v. Quarterman, 127 S. Ct. 2842 (2007).
For example, they should be required to complete at least 20 hours of training on brain disorders. It is ideal if consumers and family members become part of the activity and process. It must also be emphasized that, in most cases, dangerous or violent acts committed by persons with these brain disorders are the consequence of neglect, inappropriate or inadequate treatment of their illness (NAMI).
The Alliance also contends that the unpopular insanity defense should be retained and should be tested according to both volitional and cognitive criteria or standards (National Alliance of Mental Illness 2006). At the same time, the Alliance opposes the adoption of laws or position on "guilty but mentally ill. Instead, it advocates systems, which will provide comprehensive, long-term care and supervision in hospitals and the community where such individuals are found who are "not guilty by reason of insanity," "guilty except for insanity," or similar…
1. Amnesty International. (2006). The Execution of Mentally Ill Offenders. Amnesty International Library. http://web.amnesty.org/library/index/ENGAMR5002206
2. Anynomous. (2006). Forensic Psychiatry - Criminal. http://www.stanford.edu/group/psylawseminar/blank%20Page%206.htm
3. Fellner, J. (2006). A Corrections Quandary: Mental Illness and Prison Rules. http://www.law.harvard.edu/students/orgs/crc/vol41_2/fellner.pdf
4. Human Rights Watch (2006). Difficulties Mentally Ill Prisoners Face Coping in Prison. Human Rights Watch.org. http://www.hrw.org/reports/2003/usa1003/7.htm
The popular media's negative coverage of the insanity defense in contested cases when a defendant claims not to have the rational capacity to commit a crime or has a diminished capacity to conceptualize a criminal intent has caused the public to dismiss forensic psychiatry as providing rationalizations or excuses for bad behavior, rather than possessing a real scientific method. The use of the insanity defense is clearly subject to sociological and societal factors, such as the statistically greater willingness to believe a man who kills his child is competent vs. A woman. However, the authors contend that this ignores the many cases where the defense and the prosecution both agree that the criminal in question was not competent and was operating upon a different schema of 'reality' that affected his or her ability to judge circumstances in the same fashion as a sane person. (It might be argued, in the…
Nonetheless, Bill never hurts other people simply because he thinks that it is irrational to hurt others. He thinks that any rational person would be like him and not hurt other people. Does Bill really understand that hurting others is morally wrong? (Nichols, 2002, p. 285)."
This presents some interesting directions of thought. However, it is time to go into the relationship between serial murderers and forensic psychology as it applies to the crime scene. Ted Bundy seemed very much aware that he was committing crimes against society, certainly crimes against his victims. Berkowitz, it was argued, was more psychotic, and for that reason perhaps less aware of his actions as crimes against society or individuals. Berkowitz was known to have started more than a thousand fires, and had a history of cruelty to animals; both manifestations of deeper emotional problems (Schlesinger, 2004, p. 328). This does not make any…
Horley, J. (2003). Personal Construct Perspectives on Forensic Psychology. Hove, England: Brunner-Routledge. Retrieved December 10, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=107452916 http://www.questiaschool.com/PM.qst?a=o&d=5020572304
Inside the Mind of the Mind Hunter: An Interview with Legendary FBI Agent John Douglas Criminal Profiler John Douglas Will Share His Understanding of the Criminal Mind at September's APA Conference. (2007). Annals of the American Psychotherapy Association, 10(1), 8+. Retrieved December 10, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5020572304 http://www.questiaschool.com/PM.qst?a=o&d=5002475027
Nichols, S. (2002). How Psychopaths Threaten Moral Rationalism: Is it Irrational to Be Amoral *?. The Monist, 85(2), 285+. Retrieved December 10, 2007, from Questia database: http://www.questia.com/PM.qst?a=o&d=5002475027 http://www.questiaschool.com/PM.qst?a=o&d=99956702
Kentucky defines murder as "a capital offense" that occurs when a person "with intent to cause the death of another person" does so. Thus, accidental deaths may not be categorized as murder. Also, in this state, if a person kills someone "under the influence of extreme emotional disturbance" and there is a logical reason for the disturbance, the defendant shall not be charged with murder. Manslaughter, however, will likely be the charge. Murder also includes operating a vehicle with "extreme indifference to human life" that results in loss of life to another person (KY Statutes 507.020 Murder, 1984). This law has been on the books for more than 30 years and is still effective in the same modality as when it was enacted in 1984.
From the standpoint of the theory of victim precipitation, the victim himself may actually be an accessory in his own murder if he initiates…
Ewing, C. (2008). Insanity: Murder, Madness and the Law. UK: Oxford University
KY Statutes 507.020. (1984). LRC.KY.gov. Retrieved from http://www.lrc.ky.gov/statutes/statute.aspx?id=19717
KY Statutes 532.031 Hate Crimes -- Finding -- Effect. (2000). LRC.KY.gov. Retrieved from http://www.lrc.ky.gov/statutes/statute.aspx?id=20031.
Usually, it is more likely that the ruse is discovered by a forensic psychologist, and/or that there is simply too much evidence pointing to the fact that the criminal knew what he or she was doing when the crime was being committed (Adler, 2004).
The Likelihood of eoffending
Whether a criminal is likely to reoffend is something else that has to be considered by forensic psychologists. They are often asked to give their opinion on this issue when inmates are coming up for early release or when they are eligible for parole. There are other factors and opinions that are taken into account, of course, but having a professional, psychological opinion about whether a criminal has been "cured" of his or her behavior or will be likely to repeat it is very significant (Adler, 2004; Dalby, 1997). It can be difficult to determine what goes on in the mind of…
Adler, J.R. (Ed.). (2004). Forensic Psychology: Concepts, debates and practice. Cullompton: Willan.
Dalby, J.T. (1997) Applications of Psychology in the Law Practice: A guide to relevant issues, practices and theories. Chicago: American Bar Association.
Duntley, J.D., & Shackelford, T.K. (2006). Toward an evolutionary forensic psychology. Social Biology, 51, 161-165.
egardless of social status, defendants who are poorly represented by their attorneys are more likely to receive death sentences than those who are zealously represented by counsel. (in Opposition to the Death Penalty: Arbitrariness and Discrimination, 2004). While death penalty opponents cite the fact that an Alabama woman whose attorney was so drunk during her trial that the trial judge held him in contempt had her death sentence upheld by the Alabama Supreme Court as a reason to abolish the death penalty, that same incident could just as easily be used as a reason to overhaul the legal system, not abolish capital punishment (the Lack of Competent Legal Counsel, 2004).
One of the most controversial arguments regarding the death penalty is that the imposition of the death penalty is a violation of human rights. Opponents of the death penalty cite the very "different"-ness of death as a reason that it…
Atkins v. Virginia, 536 U.S. 304 (2002).
Blume, J., T. Eisenberg, and S. Johnson. 1998. "Symposium: Post-McCleskey racial discrimination claims in capital cases. Cornell Law Review. 1771-1810.
Furman v. Georgia, 408 U.S. 153 (1972).
Green, M. (2005). History of the death penalty & recent developments. Retrieved May 3, 2005 from Focus on the Death Penalty. Web site: http://justice.uaa.alaska.edu/death/history.html
adults have an episode or two from their youth of which they are not extremely proud. Perhaps it involved sneaking a beer (or several beers) at a social function, or lying about one's plans for the evening to get permission to attend a questionable event. Most kids have learned the hard way on at least a few experiences -- speeding, missing curfew, or cheating on a test. Younger children are taught that taking a pack of gum from the store without paying for it is wrong, and that there are certain words on television that they shouldn't repeat in school. e accept these facts of life fairly easily; minors aren't mentally or socially equipped to know how they should behave all of the time. Children have to be taught about social mores, and teenagers test authority without considering the consequences in a way that most adults would. Lawbreaking -- whether…
Atkins v. Virginia, 2004, 536 U.S. 304
Case 12-285, Inter-American Court on Human Rights Rep. No 3/87 (1987)
Domingues v. State, 961 P. 2d 1279,1280, Nev. 1989
Legal Issues and Accountability
If the doctrines of Mistake of Fact and Mistake of Law exist in Fun Land as they do in the United States, I actually believe that my defense would turn out successfully. The fact of the matter is that I was a stranger in a foreign land and there was no way that I could know that consuming a Pepsi was illegal -- without actually consuming one and getting arrested for it. If the facts were changed to prove that I thought the Pepsi were a Coke, a better defense would be that I was deceived and truly not aware of transgressing the law -- which is related to the aforementioned doctrines (Vukovic, 2014).
I actually do agree with the balance that exists in the U.S. Constitution about the balance between the defendant and society that has shifted towards the defendant. I do not think that…
Hans, V.P, Slater, D. (1983). John Hinckley, Jr., and the insanity defense: the public's verdict. The Public Opinion Quarterly. 47(2), 202-212.
Nikola, V. (2014). Specific questions of mistake of fact and mistake of law in criminal law. Proceedings of Novi Sad Faculty of Law. 48(1), 445-471.
Tripp, T., Bies, R., Aquino, K. (2007). A vigilante model of justice: revenge, reconciliation, forgiveness, and avoidance. Social Justice Research. 20(1), 10-34.
summer of 1976 to the end of summer 1977, a reign of murderous terror gripped New York City - it was the year of the Son of Sam. David Berkowitz would eventually be arrested, tried, and convicted for the series of gun-attacks that left six people dead, seven wounded, and an entire city in fear. When caught, while there existed a potential for his being determined to be insane, Berkowitz pled guilty to the six murders and, under the sentencing rules of the time, was given twenty-five years to life. David Berkowitz comes up for parole next year.
The Son of Sam, while in jail, turned his crimes into profit by writing and authorizing books to be written about him.
Outrage against this led to the "Son of Sam Law" which now disallows criminals in jail from profiting from their crimes while behind bars.
Berkowitz has become an icon in…
Chesler, A. & Robb. A. (1996). Criminal Quotes. New York: Visible Ink Press.
Glaeser, E.L., Sacerdote, B. & Scheinkman, J.A. (May, 1996). Crime and Social Interactions. Quarterly Journal of Economics, 111. n2. p507(42).
Hollin, C.R. (Winter, 1994). Multiple Murder: A Review. British Journal of Criminology, 34. n1. p1(14).
2002). Michael J. Codd, New York City police commissioner Announces arrest of Son of Sam suspect. www.HistoryChannel.com.Online. Internet. Avail: www.historychannel.com/speeches/archive/speech_341.html. Info Acc: Nov 26, 2002. n pag.
Clinical Psychology Worksheet
What are at least two legal issues associated with clinical psychology? Provide an example of a situation that could be legal but unethical. Explain your response.
There are some fairly obvious examples that could be used, but one in particular is discussed on the Guide to Psychology website's legal section. The author notes that many people seeking psychotherapy engage in deception to one or more degrees. Reasons for this could include shame, guilt, fear and so forth. This is not an unexpected part of the process when it comes to psychologists and other clinicians are treating a person. However, the ethical and legal landscape of treating such a person comes to the forefront when any number of things emerge such as if the person commits a crime and uses their mental condition as a legal defense, they are ordered by the justice system to be psychologically tested,…
Specifically, Singleton's case was denied review by the U.S. Supreme Court in 2003, and he was executed in Arkansas on January 6, 2004. As noted in the lower court's dissent: "Treating the prisoner may provide short-term relief but ultimately result in his execution, whereas leaving him untreated will condemn him to a world such as Singleton's, filled with disturbing delusions and hallucinations." Simply put: The Court found it in the state of Arkansas' best interest for Singleton to be forcibly treated and executed rather than left untreated but alive."
The U.S. Supreme Court has been consistently clear since the decision in Gregg v. Georgia that the Constitution does not prohibit execution as long as procedural safeguards are established, but the Court's jurisprudence concerning the mentally ill as opposed to the mentally retarded has been less clear. In 2002, the Court ruled that it is unconstitutional to execute the mentally retarded…
RIGHTS-U.S.: DEATH PENALTY for MENTALLY ILL CALLED a RIGHTS ABUSE
Inter-Press Service English News Wire; 11/7/2003; Katherine Stapp
Inter-Press Service English News Wire
Killer's case stirs debate about death penalty for the mentally ill.
Stu Dents Charges
The author of this report has been asked to revisit the case of Stu Dents and the litany of crimes he is alleged to have committed against Uma Opee and in general. There is indeed a laundry list of issues to be seen and charges when it comes to Stu Dents and they will be listed out within this report. Each crime that applies will be listed and there will also be the associated act and detail that supports Stu Dents being charged with the crime. For all of the crimes listed, there will be an associated state that Stu will be charged within. While Stu and his counsel might be able to make some arguments for some of the crimes, the case against him is rather formidable and there are a number of different charges that definitely apply to Stu and what he allegedly did.
New York. (2017). Article 135 | Penal Law | Kidnapping Imprisonment Custodial. Ypdcrime.com. Retrieved 5 April 2017, from http://ypdcrime.com/penal.law/article135.htm
New York. (2017). Article 140 | NYS Penal Law |Burglary Criminal Trespass Laws. Ypdcrime.com. Retrieved 5 April 2017, from http://ypdcrime.com/penal.law/article140.htm
New York. (2017). Article 220 | NY Penal Law | Controlled Substances Offenses. Ypdcrime.com. Retrieved 5 April 2017, from http://ypdcrime.com/penal.law/article220.htm
.....controversy of establishing a court system at the creation of the U.S. Constitution centered on the power struggle between states and the creation of a federal, central government with its own court and ability to overrule state court decisions. The Constitution pitted Federalists against Anti-Federalists. The former wanted a central government that acted as the top force over all the states; the latter wanted no central government -- because, after all, the Revolutionaries had just fought a war against a king -- why should they turn around and elect a new one? The idea of sovereign states was such that each state was its own master and local citizens could have more say in their government at a localized, grassroots level. The passing of the Constitution essentially tipped the scales towards the centralized federal government having power over all the states (Brutus No. 1, 1787).
UNIT 1 DISCUSSION (2)
criminal justice. Each question must be 300 words long.
Identify the requirements for the insanity plea in your jurisdiction and contrast this with the M'Naghten standard, the Brawner standard, ALI standard, and the Durham rule. Identify similarities and differences. Support you response with examples from your research and reading assignment.
In the 1843 case of the United Kingdom House of Lords Decisions of Daniel M'Naghten's, the court determined that an insanity plea to would hinge on whether the defendant knew what he was doing, or, if he did know what he was doing, did he know that it was wrong. In 1972,the U.S. v. Brawner case in the D.C. Circuit Court of Appeals determined not to involve the jury in the determination of the defendant's mental state. This decision was grounded in the ALI test of a Model Penal Code. The Brawner rule overturned the Durham Rule, which was overly…
Burning Bed Theories
Spousal Abuse Theories -- alker's Cycle Theory & Learned Helplessness Theory
'The reasons why Mickey Hughes pounded on Francine Hughes repeatedly in many instances and in many locations can be examined by looking at theories of spousal abuse. There is no one exact theory would appear to explain Mickey's violent outbursts, but there are several theories that offer reasonable explanations.
One theory found in the book Stopping Domestic Violence: How a Community Can Prevent Spousal Abuse is "alker's cycle theory of violence." This theory posits that violence against women (a spouse or an intimate partner) occurs in three stages: Stage one, is the building of tension; stage two, is the trigger that sets off the violent incident; and stage three, is the "honeymoon phase" (Jenkins, et al., 2001, p. 47).
In Francine's case the building of tension was near constant. There are myriad passages and sections of…
Jenkins, Pamela, and Davidson, Barbara Parmer. Stopping Domestic Violence: How a Community Can Prevent Spousal Abuse. New York: Springer, 2001.
Potegal, Michael. International Handbook of Anger: Constituent and Concomitant Biological,
Psychological, and Social Processes. New York: Springer, 2010.
University of Minnesota. "Stop Violence Against Women: Theories of Violence." Retrieved
If money was his motivation, this hardly seems like a logical way to proceed. This also undercuts the idea that there was premeditation of how to use the funds, as he had no evident plot to hide the goods or to fence them. His actions after the murder actually highlight his delusional and confused state of mind.
The prosecution has called Raskolnikov's subsequent feverish illness evidence of remorse, and evidence of his knowledge that his actions were wrong. Immediately after committing the crime, including the unexpected murder of the woman's sister, he took to his bed, raving, according to his friends and family, like a lunatic. This supports, however, the idea that Raskolnikov was suffering a mental and physical illness that inhibited his ability to discern right from wrong. Friends and neighbors of the accused note that before the crimes took place he was taken to wandering the streets at…
Freedman, Lawrence Zelic. (Mar, 1983). "The Politics of Insanity: Law, Crime, and Human Responsibility." Political Psychology. 4. 1: 171-178. Retrieved 8 Jan 2007 at http://links.jstor.org/sici?sici=0162-895X%28198303%294%3A1%3C171%3ATPOILC%3E2.0.CO%3B2-6
Also, the death penalty still in use in a great deal of countries might provide another subject for debate from the point-of-view of human rights.
A minimalist set of human rights, meant only to keep people safe from humiliation and pain cannot be effective. This is mainly because while certain human rights seem to be of little necessity, they are actually indispensable. Economic, civil, and political rights are of great importance because they assist society's interests.
Human rights are not likely to have any decisive effect in international relationships, and they are also not expected to be of any use when it comes to the stopping perpetrators from breaking the law. The best thing to do in order to make the world a better place would be to promote the concept of good, so as to influence the masses into contributing to preserve human rights.
1. Forsythe D.P.…
1. Forsythe D.P. (2004). 3 U.S. Foreign Policy and Human Rights in an Era of Insecurity," Wars on Terrorism and Iraq: Human Rights, Unilateralism, and U.S. Foreign Policy, ed. Thomas G. Weiss, Margaret E. Crahan, and John Goering. New York: Routledge.
2. Ignatieff M. Appiah K.A. Gutmann a. (2003). Human rights as politics and idolatry. Princeton University Press.
3. Ramcharan B. (2005). A UN High Commissioner in Defence of Human Rights: "No License to Kill or Torture." Boston: Martinus Nijhoff.
Panetti has not challenged those factual findings on appeal."
Panetti could not be considered incompetent to stand execution based on Ford v. Wainwright. Similar to Panetti, Ford did not initially argue mental illness, but during the trial he developed a severe form of mental disorder, leading to his unawareness of the crimes he had committed and of the reasons for his capital punishment.
The involved parties were both counting on Justice Powell's previous expertise in the Ford v. Wainwright case and were hoping that the judge would be better able to understand both sides.
The dismissal of the second issue of the case, that of the habeas relief motion, is based on the argument that Ford only "requires an opportunity for the petitioner to be heard and an impartial tribunal - both of which Panetti received." Other requests of Panetti's were dismissed. "ecause the state-court procedures were adequate under Ford,…
Supreme Court of the United States, Syllabus, Panetti v. Quarterman,
Panetti, Scot v. Quarterman, Nathaniel, Northwestern University, Medill Journalism, January 9, 2007, http://docket.medill.northwestern.edu/archives/004241.php, last accessed on October 11, 2007
Scot Louis Panetti v. Nathaniel Quarterman: Brief for Respondednt, No. 06-6407 in the Supreme Court of the United States
Tim Birnbaum, Panetti v. Quarterman (06-6407): Death Penalty, Mental Illness, Factual Awareness Standard, Eight Amendment, Retribution, Cornell University Law School, http://www.law.cornell.edu/supct/cert/06-6407.html , last accessed on October 12, 2007
Pinochet's Case is Not Yet Satisfying to Chilean and Human Rights Activists
Although hampered by internal constraints and challenges, the nation of Chile stands poised to enter the 21st century as a major player in the world's international community. On the one hand, the sound economic policies that were first implemented by the Pinochet dictatorship resulted in unprecedented growth in 1991- 1997; these policies have also helped secure the country's commitment to democratic and representative government. On the other hand, General Augusto Pinochet has been found guilty of the torture, disappearance, and murder of thousands of Chileans, including international citizens, but he has not yet been brought to justice. After Patricio Aylwin inaugurated a democratic presidency in 1990, he continues to bring excuses for Pinochet's actions or exercises control to avoid facing justice. Pinochet declared himself as Commander of Chief of the Army and afterwards, Senator for life in Chile.…
Blakesley, Christopher. "Autumn of the Patriarch: The Pinochet Extradition Debacle and Beyond." Journal of Criminal Law and Criminology 91.1 (2000): 1.
Ensalaco, Mark. Chile Under Pinochet: Recovering the Truth. Philadelphia:University of Pennsylvania Press, 2000.
Facts on File. "Chile: Pinochet Ruled Unfit for Trial, Resigns." Facts On File World News Digest, 2002. Multnomah County Library, Portland, Oregon. 11 Jul. 2002. http://www.2facts.com .
Hawkins, Darren. "Universal Jurisdiction for Human Rights: From Legal Principle to Limited Reality." Global Governance 9. 3 (2003): 347+.
senior at the Magic City School of Law, Sally Sue, who was top of her class of two hundred. This individual along with another individual planned the murder of the law professor; a very difficult instructor whose test Sally Sue was worried she could not pass. The individual, ob, who agreed to shove the professor down the stairs agreed to this when he was either inebriated or on some type of drugs or heavy medication. Sally Sue was so enraged when she made a C. On the exam that ob had not killed the professor that she ran at ob and shoved him down the stairs injuring him. The objective of this work in writing is to examine the case, as would a District Attorney when screening warrants and answer the questions asking:
(1) What, if any charges can be made against Sally Sue?
(2) What if any charges can…
Beasley v. State 40 Ala. 140
Case.TM (2012) Check List. Retrieved from: http://case.tm/Lawschool/crim.html
Cluck v. State, 40 Ind 263
Com. V. Hankins, 3 Gray 363
Hughes proceeded to institute a system of "Confusing Military Structures," the www.CDNMilitary.casitecontinues. Battlefront unites were "constantly formed, disbanded, reformed and disbanded again"; and as though that wasn't enough, the Ross Rifle issue was another problem that Hughes' legacy is left with, according to the site. One army driver is quoted as saying, "To hell with the [Ross Rifle]. I'll take a club." In fact, Ross did not fully understand why soldiers objected to the use of the Ross Rifle, the military eb site claims, because even though Hughes "dressed up like a military officer while being Minister of the Militia," he was "nothing more than a civilian...and never did have to use the rifle in combat" (www.CDNMilitary.ca).
And the Ross Rifle wasn't the only snag in Hughes' pursuit of innovative wartime materials and technologies, the CNDMilitary site claims. Indeed, the "MacAdam shield-shovel" - termed a "Canadian-designed miracle" by Hughes, who…
CDNMilitary.CA. 2002. "The Canadian World War One Mobilization: A Complicated
Matter." Retrieved March 15, 2009, at http://www.cdnmilitary.ca/index.php?p=20.
Cook, Tim. 2004. "The Madman and the Butcher: Sir Sam Hughes, Sir Arthur Currie,
And Their War of Reputations." The Canadian Historical Review 85 no. 4, 695-719.
Political Philosophy II: Theories of Freedom
John Stuart Mill's On Liberty is one of the foundational defenses of liberal, democratic government. According to Mill, there are certain core principles "that should regulate how governments and societies, whether democratic or not, can restrict individual liberties."[footnoteRef:1] Mill wrote that regardless of whether a monarch, dictator, or even a democratic majority governed, the only reason to deprive others of their liberties was what he called the harm principle, namely, that "a harm, an action must be injurious or set back important interests of particular people, interests in which they have rights" and "justifies restricting liberty to prevent harm to others."[footnoteRef:2] In defining the harm principle, Mill's intentions were clearly noble in that he wished to prevent the illegitimate use of power by the state to restrict free speech, sexual behavior, or other personal, private choices. However, since Mill wrote, even a number of…
Analysis of the crime scene
After Jeffrey Dahmer was sentenced, he was taken to the Correctional Institution of Columbia, located in Portage; a town in Wisconsin. During his first incarceration year, Dahmer was confined separately in order to keep him physically safe in case he interacted with other prisoners. With his consent, when the first solitary confinement year was over, Dahmer was taken to a unit that was less secure. Here, he was made to work for two hours each day; he used to clean the ablution block.
Apparently, Dahmer adapted well to life in prison, although he had at first been separated from the other inmates. He ultimately managed to convince the authorities to let him interact more with his fellow prisoners. Dahmer learnt religion from photos and books he received from his father. The Correctional Institution of Columbia even allowed him to go through baptism; it was…
Ken Kesey's novel One Flew Over the Cuckoo's Nest offers an ironic portrayal of mental health and mental illness. The story of Randle McMurphy, told through the eyes and ears of Chief Bromden, shows how restrictive social norms and behavioral constraints are what cause mental illness. Mental illness and deviance are socially constructed. The men in the institution have been labeled as deviants, many of them as criminals too. Yet Kesey shows how the institution is the real problem, not mental illness. Nurse Ratched symbolizes oppression and social control, with Randle McMurphy as her foil. McMurphy is no angel, but he helps the institutional inmates to gain a broader understanding of both their own psyche and of the ways society has essentially made them insane. Furthermore, Kesey shows that of the main ways society and its institutions enforce social conformity is through the process of shaming. Shaming is a method…
Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom
statistics regarding claims
THE NATIONAL HEALTH SYSTEM
OBSTACLES TO DUE PROCESS
THE CASE FOR REFORM
THE REGULATORY ENVIRONMENT
THE RISING COST OF LITIGATION
LORD WOOLF'S REFORMS
MORE COST CONTROLS
THE UNITED STATES
THE INSURANCE INDUSTRY
TORT REFORM IN AMERICA
STATISTICS FOR ERROR, INJURY AND DEATH
THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN
THE UNITED STATES SITUATION, IN SUMMARY
NEW ZEALAND CASE STUDIES
THE SWEDISH SCHEME
COMPARISON: WHICH SYSTEM IS BETTER?
FIRST: UNDERLYING DIFFERENCES
TALKING TORT: AMERICAN PECULIARITIES
AMERICANS CONSIDER NO-FAULT
BRITAIN CONSIDERS NO-FAULT
Appendix A THE UNITED KINGDOM
At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual…
The fog is actually generated by two painful experiences in Chief's past: first, the fog in his mind is a recurrence of the brain treatments ordered by Nurse Ratched, and secondly, the fog is a direct reference to the actual fog machine of World War II operated by military intelligence in order to obscure what was occurring on the airfield (Lupack 70) as Chief recalls: "Whenever intelligence figured there might be a bombing attack, or if the generals had something secret they wanted to pull -- out of sight, hid so good that even the spies on the base couldn't see what went on -- they fogged the field" (Kesey 116).
Generally speaking, the themes of a particular novel cannot be fully understood outside the social context of the plot. This also largely applies to "One Flew over the Cuckoo's Nest" whose plot is set in the 1950s which also…
Kesey, Ken. One flew over the Cuckoo's Nest. Penguin Classics, 2003.
Ferrell, William K. "A Search for Laughter: One Flew over the Cuckoo's Nest." Literature and Film as Modern Mythology. Westport, CT: Praeger Publishers, 2000. 75-85.
Tepa Lupack, Barbara. "Hail to the Chief: One Flew Over the Cuckoo's Nest." Insanity as Redemption in Contemporary American Fiction: Inmates Running the Asylum. University Press of Florida, 1995. 63-99.
Valentine, Virginia. "Kesey's One Flew Over the Cuckoo's Nest." Explicator 41.1 (1982): 58-59.
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventions. hile there is tremendous evidence of Panetti's deteriorated mental state, there is very little evidence to support Panetti's assertions that he was insane at the time of the murders. Though there are serious questions regarding Panetti's competency to stand trial, much less his competency to represent himself in that trial, there simply does not appear to be any evidence that he was insane at the time of the murders. Panetti engaged in preparations that were rationally aimed at accomplishing the murder of his in-laws, but was able to refrain from killing his wife and child. In addition, he engaged in a stand-off with police that resulted in him escaping the stand-off without being killed and…
Woodson v. North Carolina, 428 U.S. 280, 322 (1976).
Woodson v. North Carolina, 428 U.S. 280, 299 (1976).
Ford v. Wainwright, 477 U.S. 399, 409-10 (1986).
hen their state of denial lifts, they are often wracked with remorse for what they've done.
The final circumstance that Resnick lists is uncommon but not unheard of among mothers who kill their children: spousal revenge. Though this is rare among women, one recent case that highlights it is the case of an Ontario mother, Elaine Campione, who drowned her two daughters in the bathtub, allegedly to keep her ex-husband from getting custody and to inflict intense suffering upon him. She even made a video only minutes after the murders, asking her ex-husband if he was "happy now" (CTV News 2010).
ith all of these circumstances potentially leading parents, especially mothers, to murder their children, legal prosecution and defense of these cases can be difficult -- at times, heart-wrenching. In the cases of mothers who have killed their children, the great majority of the defenses center around pleas of insanity.…
Child Abuse Prevention Network. http://child-abuse.com/ . Accessed 1 February 2011.
Jones, a. (2009) Women Who Kill. New York: The Feminist Press of the City College of New York.
Meyer, C., Oberman, M. And White, K. (2001). Mothers Who Kill Their Children. New York: NYU Press.
National Council for the Prosecution of Child Abuse. http://www.ndaa.org/ncpca_home.html . Accessed 1 February 2011.
A good example is the 1985 murder of convenience store clerk Cynthia Barlieb, whose murder was prosecuted by a district attorney bent on securing execution for Barlieb's killer (Pompeilo 2005). The original trial and all the subsequent appeals forced Barlieb's family, including four young daughters, to spend 17 years in the legal process - her oldest daughter was 8 years old when Cynthia was first shot, and 25 when the process ended without a death sentence (Pompelio 2005). During those 17 years, Cynthia Barlieb's family was forced to repeatedly relive her murder.
hen a person is murdered, it is understandable that American society demands justice, particularly on behalf of the victim's family and loved ones. But we can not advocate capital punishment under the guise of protecting the interests of victims' families, and then cut those members out of the process when they do not support the death penalty. and,…
American Civil Liberties Union (2002). "ACLU Praises Supreme Court Refusal of 'Sleeping Lawyer' Case as 'Acknowledgment and Reminder' of Death Penalty Problems." Retrieved Sept. 30, 2006 at http://www.aclu.org/capital/unequal/10466prs20020603.html .
American Civil Liberties Union (2002). "DNA testing and the death penalty." Retrieved Oct. 1, 2006 at http://www.aclu.org/capital/innocence/10392pub20020626.html .
Amnesty International (2006). "Death penalty." Retrieved Sept. 30, 2006 at http://www.amnestyusa.org/abolish/index.do .
Antonio, Michael E. (2006). "Arbitrariness and the death penalty: how the defendant's appearance during trial influences capital jurors' punishment decision." Behavioral Sciences & the Law. March 2006.Vol.24, Iss. 2.
There are some potential problems with the use of lay testimony. One is that lay testimony is always subject to interpretation. Lay witnesses are testifying about personal sensory experiences (Nordberg, 2007). All such experiences are interpretative to some extent. Another potential problem with the use of lay testimony is that it may not be interpreted as credible relative to expert testimony. Clearly in the Dube case it was, but this is a substantial risk for a legal team to take. Expert witnesses have credibility that stems from advanced training and perceived objectivity. Lay witnesses can merely interpret their own experiences. This brings us to another weakness of lay testimony -- it can only reflect personal experience. hereas experts do not need to have direct involvement in the case events, lay witnesses do. They are therefore unable to comment on anything other than what they saw directly. The prosecution in the…
United States of America v. Roland William Dube. Retrieved April 7, 2009 from http://bulk.resource.org/courts.gov/c/F2/520/520.F2d.250.75-1034.html
Nordberg, Peter. (2007). The Daubert Worldview. Daubert. Retrieved April 7, 2009 from http://www.daubertontheweb.com/Chapter_1.htm
Yet, when you go beyond the generalities, it is obvious that this a taking a one size fits all approach when it comes to society. Where, you are assuming that everyone will react the same to the various rules / laws that have been established. However, the pessimists argue that such thinking does not take into account how various experiences and personal relationships will determine someone's morals and values. This is troubling because when you apply such thinking to the person who committed the act. They can be able to claim that they are excused from the different forms of punishment, because they qualify for a special consideration. This, the critics argue is the biggest flaw of determinism, where you are assuming that ample amounts of punishment / penalties would serve as a deterrent. Then, once someone breaks various laws you are allowing the special considerations to give them the…
Determinism. (2010). Retrieved April 27, 2010 from Free Dictionary website: http://www.thefreedictionary.com/determinism
Linder, D. (2002). The Trial of John Hinckley. Retrieved April 27, 2010 from Famous American Trials website: http://www.law.umkc.edu/faculty/projects/FTrials/hinckley/hinckleytrial.html
Linder, D. (2008). The Trial of John Hinckley Jr. Retrieved April 27, 2010 from Famous American Trails website: http://www.law.umkc.edu/faculty/projects/ftrials/hinckley/hinckleyaccount.html
Strawson, P. (n.d.). Freedom and Resentment.
Elements needed in order for a contract to be formed
The essential aspects of contract that make it legally binding contract are; there must be an offer and acceptance in that the offer by one party is accepted by another party. Intention to create a legal relation, the contract will not be valid only on the basis of only there being an agreement, but also on the intention to getting into the legal agreement. There other element is consideration which refers to the price paid by the one party for the promise of the other party. Legal capacity is yet another element in forming a contract, those with mental impairment, minors, bankrupts, corporations and prisoners are not able to get considered as having legal capacity to get into a contract (Fitzroy Legal Services, 2012).
Conditions for an offer to be valid/legal sufficiency
There however are situations where a contract…
Erick Goldman, (2003). Notes on Contract remedies. Retrieved May 26, 2013 from http://www.ericgoldman.org/Courses/contracts/contractremedies.htm
Fitzroy Legal Services, (2012). Elements of Contract. Retrieved May 26, 2013 from http://www.lawhandbook.org.au/handbook/ch12s01s02.php
The 'Lectric Law Library. (2013).Agent. Retrieved May 26, 2013 from http://www.lectlaw.com/def/a026.htm
US Legal, (2010). Breach of Contract: Defenses. Retrieved May 26, 2013 from http://contracts.uslegal.com/breach-of-contract-defenses/
The Macy et al. (nd) research, coupled with the lack of federal support for a nationwide network of services, point to one of the root causes of domestic violence: gender inequity. Gender equality remains elusive in a society that claims otherwise. Learned helplessness and financial dependence are both linked to traditional gender roles and norms for behavior. Domestic abuse has long been considered a "private" issue: one that rarely surfaces until the problem escalates into ancillary issues including alcohol and drug abuse that demand help seeking (Macy et al. nd). Because of the stigma surrounding victims of domestic violence and because of the lack of sufficient social censuring of domestic violence, women who seek counseling for a substance abuse problems are unlikely to bring up their domestic violence issues. In extreme cases, battered women syndrome leads to what should be a preventable murder. atifying initiatives like CEDAW sends a clear…
American Bar Association. Convention to Eliminate All Forms of Discrimination Against Women. Retrieved Oct 12, 2008 at http://www.abanet.org/irr/cedaw/violagwomen.html
Chapter 3: Profiles and Syndromes.
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Full text retrieved Oct 12, 2008 at http://www.un.org/womenwatch/daw/cedaw/cedaw.htm
Macy, R., Nurius, P.S., Kernic, M.A., & Holt, V.L. (nd). Battered Women's Profiles Associated with Service Help-Seeking Efforts: Illuminating Opportunities for Intervention.
Their primary aim was to destabilize existing orders and this is what they accomplished with arts forms such as butoh. "Liminal entities are neither here nor there; they are betwixt and between the positions assigned and arrayed by law, custom, convention, and ceremonial" (Turner 1969, 94).
Hijikata, the man responsible for creating Butoh, also upheld Artaudian views on life and humanity. Keeping in view the traditional Japanese thinking of a connection between nature and man, Hijikata incorporated it in butoh movements. However he focused more on nature's darker side believing that, "the dirty is beautiful and the beautiful is dirty, and [life] cycles between them forever" (Kurihara 1997, 38). Hijikata, just like Artaud, forced the viewers to pay closer attention to the side of life that they had usually ignored. He believed that it is due to a break between man and the darker side of life that we suffered…
Artaud, a. "To Have Done with the Judgment of God, a radio play (1947)." In (S. Sontag, ed.) Antonin Artaud: selected writings. Berkeley etc.: University of California Press, 1988: 570-1.
Artaud, a. (1964) Le Theater et son Double. Paris: Gallimard.
Artaud, a. (1996) Oeuvres Completes XII 218. Quoted in Virmaux, a. & O., Antonin Artaud, Qui tes-vous? Lyon: La Manufacture.
Artaud, a. (1996) Oeuvres Completes XV 341. Quoted in Virmaux, a. & O., Antonin Artaud, Qui tes-vous? Lyon: La Manufacture.