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Federal and state court systems essay introduction
Federal and state court systems essay introduction
Analyze the american federal court system
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With murder charges of fifteen people, cannibalism, and necrophilia hanging over his head, Jeffery Dahmer plead not guilty by reason of insanity. Since Dahmer was a child he had shown withdraws and avoidance of society. He had a habit of collecting dead animals, and he would dissect, dissolve them in many different ways. When Dahmers plea of insanity was rejected by the court, he was then charged with fifteen counts of murder (Yoong). Many believe that when Jeffrey Dahmer 's plea was rejected that it was the end of anyone using, but that isn’t the case. It is used quite rarely, but it is still in use. In all reality, the insanity plea should always be rejected. The only way it should be allowed is if the criminal is fully innocent. “The insanity …show more content…
The M’Naghten rule required anyone who plead insanity to undergo a test of insanity, or the right-wrong test, where they had to prove at the time of the crime that they did not know what they were doing was wrong. Using this test the jury had to figure out two questions. One, did the defendant know at the time of the crime what the were doing was wrong, or two, did the defendant understand what he was doing was wrong (Kollins). The M’Naghten rule was a huge step in helping with the insanity plea. Furthermore it helped ease the use of it because people had to begin to prove themselves more to the court. Having to prove themselves to the court makes it more difficult to allow them to get out of the crime they committed. In the years following many rules have been created. One of the most recently made is the Federal Rule. Ronald Reagan was a big part in having this law passed. This law states that the defendant is required to prove, “by clear and convincing evidence” that "at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts
What’s more, the success rate of those cases is only about 26%. Insanity defense can be a possible escape to crime, but in order to state as true the defense of insanity or the insanity plea, the person who is being sued or was sued must declare that he/she is not responsible for his/her actions because of their mental health problem. That person must strongly express that he/she was not aware of the actions. Usually, the first thing that is done in a person’s insanity plea is that he /she needs to go through a thorough mental process. Psychologists or Psychiatrists can help the process on how to figure out the person’s actual state of mind during the crime. However, they are not in the position to decide whether the person is really insane. Only the jury can decide whether the statements in court or the findings support the criminal insanity defense. If the court finds the person is guilty for the possible crime but she or she was not mentally responsible during the time that the crime was committed, often, they will be sent to a psychiatric hospital or placed in a mental hospital for the criminally insane. Usually, punishment is not forever; it will only last until the person is no longer a threat to the people of the world. There are cases where they claim insanity only lasts a certain period of time. This kind of defense is very hard to prove. If the person declares that their
In the 1959 film Anatomy of a Murder Lieutenant Frederick Manion is accused and tried for the murder of Barney Quill; the accused rapist of Mrs. Manion, the wife of the defendant. Citing temporary insanity due to an “irresistible impulse” to seek justice for his wife’s rape, a jury finds Lt. Manion not guilty in the death of Barney Quill by reason of insanity Although the Hollywood interpretation of the insanity defense in Anatomy of a Murder results in a verdict favorable to the defense, this is not typically the case in real life criminal trials due to the specificity of circumstances that are required to support that defense. Specifically, if Lt. Manion’s trial were a real case and tried in the state of Maryland in the year 2014, his defense strategy
Many criminals find many ways to get out of jail or being sentenced to death, what goes through their minds? Pleading insanity means to not be guilty of a crime committed due to reason of mental illness. In many cases criminals get away with pleading insanity, but in the end does it always work out? Bruco Eastwood pleaded insanity and therefore his background, crime, and where he is now will be crucial to Brucos’ insanity plea.
Texas houses the largest prison population in the nation (National News). I am not surprised by this statement. I agree with Tarrant County Sheriff Dee Anderson’s statement, "Texas has always been a law and order state, and the prison system has been known as a tough system”. In my opinion, Texas has high crime statistics because of the high rate of re-offenders. According to the National Criminal Justice Reference Service, “four of ten offenders released from prison will be reincarcerated after three years”. Offenders are leaving prison without being rehabilitated for the crime they committed.
Insanity. Criminal responsibility or not guilty by reason of insanity can be evaluated through the MMPI-2. The validity scales that show if an individual is responsible by responding; knows the difference between right and wrong; or determines if the individual cannot respond to an incident the individual is accused (Walters, 2011). Bobby was aware of what he was doing, knows right and wrong; but Bobby still suffered from a mental illness. The ...
As children, our parents tell us that monsters do not exist. The truth is that they do exist and they live among us, masquerading as one of us. Two examples of these monsters are serial killers Ted Bundy and Jeffrey Dahmer. A serial killer is classified as a person who kills three or more people, in separate events, over a time frame of a month, with “cooling off” periods in between. While Ted Bundy and Jeffrey Dahmer both share a sick twisted mind and a penchant for killing, differences in their upbringing, personality, and preferences drastically set them apart.
For those that don’t know, the insanity plea, as defined by Cornell Law, is based on the fact that a person accused of a crime can acknowledge that he/she committed the crime, but argue that he/she is not responsible for it because of his or her mental illness, by pleading “not guilty by reason of insanity”. This first became a problem in 1843. Daniel M’Naughten was trialed for shooting the secretary of the Prime Minister in attempt to assassinate the Prime Minister himself. It was said that M’Naughten thought the Prime Minister was the person behind all his personal and financial problems. The jury ruled him “not guilty by reason of insanity”. The reason for the verdict was M’Naughten...
During Dahmer’s psychiatric evaluation, Dr. Wahlstrom concluded, “Jeffrey was suffering from a mental illness never cured for” (FBI 1992). This leads me to perceive that Dahmer must have been displaying psychotic traits that went unnoticed and undocumented during his early lifetime. I can only speculate that this uncured mental illness lead Dahmer to develop and refine his inability to empathize with society; which in turn, lead him to engage in cruelty without mentally comprehending the victim’s suffering. Although the causes for psychopathy are unclear, some suggest that psychogenic aspects can outline abnormalities which may be present in psychopaths (Schmalleger 2014). When looking at Dahmer’s distant relationship with his parents early on in his childhood, I became conscious of the fact the lack of affection from his parents which may have lead him to develop twisted views on how one should display affection to others, thus prompting him to show psychotic behavior later on in life (The profile of Jeffrey Dahmer 1996). Even though the letter of the law fails to describe Dahmer and even if he was not fit to stand trial, I believe the court would have declared him fit for trial due to the brutality of the
Much of my skepticism over the insanity defense is how this act of crime has been shifted from a medical condition to coming under legal governance. The word "insane" is now a legal term. A nuerological illness described by doctors and psychiatrists to a jury may explain a person's reason and behavior. It however seldom excuses it. The most widely known rule in...
“My consuming lust was to experience their bodies. I viewed them as objects, as strangers. It is hard for me to believe a human being could have done what I've done”(Dahmer).
When someone commits a crime, he or she may use mental illness as a defense. This is called an insanity plea or insanity defense. What the insanity defense does is try to give the alleged perpetrator a fair trial. At least in extreme cases, society agrees with this principle. The problem is where do we draw the line. Under what circumstances is a person considered insane, and when are they not? The trouble with the insanity defense in recent years is the assumption that virtually all criminals have some sort of mental problem. One important point is that the crime itself, no matter how appalling, does not demonstrate insanity. Today, the insanity defense has become a major issue within the legal system. If the defendant is clearly out of touch with reality, the police and district attorney ordinarily agree to bypass the trial and let the defendant enter a mental hospital.
The insanity defense pertains that the issue of the concept of insanity which defines the extent to which a person accused of crimes may be alleviated of criminal responsibility by reason of mental disease. “The term insanity routinely attracts widespread public attention that is far out of proportion to the defense’s impact on criminal justice” (Butler,133). The decision of this defense is solely determined by the trial judge and the jury. They determine if a criminal suffers from a mental illness. The final determination of a mental disease is solely on the jury who uses evidence and information drawn from an expert witness. The result of such a determination places the individual accused, either in a mental facility, incarcerated or released from all charges. Due to the aforementioned factors, there are many problems raised by the insanity defense. Some problems would be the actual possibility of determining mental illness, justify the placement of the judged “mentally ill” offenders and the total usefulness of such a defense. In all it is believed that the insanity defense should be an invalid defense and that it is useless and should potentially be completely abolished.
In an article titled, What is Forensic Psychology, Anyway?, John Brigham attempts to explain the beginnings of psychology and law; Forensics Psychology. Brigham explains that, “forensic psychology involves the interaction of psychology and the legal process” (Brigham 274). Brigham further highlights a historical case and the precedent established by the House of Lords through the induction of the McNaughten Rule, which translates, “To establish a defense on the ground of insanity it must be clearly proved that, at the time of committing the act, the party accused was laboring under such defect of reason, from disease of the mind, as not to know nature and quality of the act he was doing, or he did know it, that he did not know he was doing what was wrong” (Finkel, 1988, p21; Brigham p275). Brigham explains that the concept of introducing psychology into the field of law ...
There are two theories that justify punishment: retributivism according to which punishment ensures that justice is done, and utilitarianism which justifies punishment because it prevents further harm being done. The essence of defences is that those who do not freely choose to commit an offence should not be punished, especially in those cases where the defendant's actions are involuntary. All three of these defences concern mental abnormalities. Diminished responsibility is a partial statutory defence and a partial excuse. Insanity and automatism are excuses and defences of failure of proof. While automatism and diminished responsibility can only be raised by the defendant, insanity can be raised by the defence or the prosecution. It can be raised by the prosecution when the defendant pleads diminished responsibility or automatism. The defendant may also appeal against the insanity verdict. With insanity and diminished responsibility, the burden of proof is on the defendant. With automatism the burden of proof is on the prosecution and they must negate an automatism claim beyond reasonable doubt.
The defect of reason requires instability in reasoning, rather than a failure to exercise it at a time when exercise of reason is possible. In the case of R v Clarke, the defendant was clinically depressed and, in a moment of absent-mindedness, stole items from a supermarket. The Court of Appeal held that M’Naghten Rules do not apply because although the defendant failed to exercise powers of reason, she was not incapable of exercising reasoning and therefore, did not fall under the scope of insanity.... ... middle of paper ...