Mr. Davis Trial

Methodology and Theory There are a few mitigating circumstances that should be considered at Mr. Davis trial. Mr. Davis’s rights is violated by not allowing him to have a speedy trial which is afforded to him by the United States Constitution. By looking at Riggins v. Nevada, 504 U.S. 127, 112 S. Ct. 1810, 118 L. Ed. 2d 479 (1992), it shows that by hospitalizing Davis, his due process rights under the Sixth Amendment were violated (Yandell, 1994). Another mitigating circumstance that should be addressed is that, Davis acted out of extreme emotional and mental distress at the time of the murder. He thought his life was in danger and was protecting himself.

In the case of David Riggins, who was charged with robbing and murdering Paul Wade,

The law mandates that he be convicted of voluntary manslaughter and not capital murder. Voluntary manslaughter is defined as “an unjustified killing committed in the heat of passion or under the misbelief that deadly force is necessary to avoid serious injury or death (York Daily Record, 2006). Davis acted out of concern for his life due to him being assaulted by some juveniles the previous evening. Davis thought that the juveniles would come back to “assassinate” him. This means when he committed the murder he thought he was in imminent danger of being killed. Davis did not kill that young man out of malice he did it out of fear. The only way Davis should receive capital punishment, by law, if he acted out of malice which is defined as the “wickedness of disposition, hardness of heart, cruelty, recklessness of consequences and a mind regardless of social duty” (York Daily Record,

A young woman by the name of Kendra Webdale was pushed in front of a train in New York City by a homeless person that suffered from a mental illness. The homeless man was not taking his medication at the time of the incident. Shortly after the unfortunate event the Kendra’s Law came into place. The law provides outpatient treatment for certain people with mental illness who are unlikely to survive safely in the community without supervision. The treatment is a written treatment plan prepared by a physician who has examined the individual. The procedure involves a hearing which includes testimony from the examining physician. If the court finds that the person meets the criteria for assisted outpatient treatment, an order is issued to the director of community services. The court orders will require the director to arrange for all services that the court finds necessary. The initial order is for up to 6 months but can be extended for up to one year. The legislation also establishes a procedure for evaluation in cases where the individual fails to comply with the ordered treatment and may pose a risk of harm. Kendra’s Law also ensures that people with mental illness who are transitioning from hospitals or correctional facilities to the community receive necessary psychiatric medications without interruption (Office of Mental Health,