Insanity Defense
Insanity Defense
Donita Estes, Patrick Fostso, Jennia McCray, Yasmine McGee, Inga Payne
CJA/354
October 22, 2012
Samara Belgarde, J.D.
Insanity Defense
The criminal justice system in America is one of the fair systems in the world where anyone will be innocent until proven of guilt. The whole concept of the court system emphasizes how our laws work regardless where we come from and how we look like or healthy or not anyone is entitles of due process. The idea that our justice and court system are fair to anyone on trial due to an arrest by probable cause and sentencing by a verdict guilty and not guilty of the jury. In the case or State v. Stu Dents, where the defendant was accused of killing his former girlfriend. We are going to elaborate how the charge of insanity can be plead in the defense case and in the other hand give some understanding how this plead play a role in the defendant case during the trial and after the trial in some states and particular California.
Does your team feel this defendant is competent to stand trial? Why or why not?
We believe that the defendant may not be competent to stand trial, due to the fact that he had has emotionally and mental issues. The defendant has no knowledge of the crime or its consequences, if put on the stand he may revert back to that emotional state of mind and will not be able to give and accurate statement and will not be able to understand charges and sentencing.
What is required in your state for an insanity defense?
First of all, let’s understand the issue here, Mr. Dents was arrested of the killing his former girlfriend Uma Opee. Mr. Dents was charge by the state on theses: Homicide, Assault of a police, officer, Burglary and crimes related to drugs. After all these charges, the defendant pleads not guilty due to reason of insanity. In California, insanity can be called as an affirmative insanity: According to Schmalleger. F& Dolatowski, J (2010), an affirmative defense is a status that
Donita Estes, Patrick Fostso, Jennia McCray, Yasmine McGee, Inga Payne
CJA/354
October 22, 2012
Samara Belgarde, J.D.
Insanity Defense
The criminal justice system in America is one of the fair systems in the world where anyone will be innocent until proven of guilt. The whole concept of the court system emphasizes how our laws work regardless where we come from and how we look like or healthy or not anyone is entitles of due process. The idea that our justice and court system are fair to anyone on trial due to an arrest by probable cause and sentencing by a verdict guilty and not guilty of the jury. In the case or State v. Stu Dents, where the defendant was accused of killing his former girlfriend. We are going to elaborate how the charge of insanity can be plead in the defense case and in the other hand give some understanding how this plead play a role in the defendant case during the trial and after the trial in some states and particular California.
Does your team feel this defendant is competent to stand trial? Why or why not?
We believe that the defendant may not be competent to stand trial, due to the fact that he had has emotionally and mental issues. The defendant has no knowledge of the crime or its consequences, if put on the stand he may revert back to that emotional state of mind and will not be able to give and accurate statement and will not be able to understand charges and sentencing.
What is required in your state for an insanity defense?
First of all, let’s understand the issue here, Mr. Dents was arrested of the killing his former girlfriend Uma Opee. Mr. Dents was charge by the state on theses: Homicide, Assault of a police, officer, Burglary and crimes related to drugs. After all these charges, the defendant pleads not guilty due to reason of insanity. In California, insanity can be called as an affirmative insanity: According to Schmalleger. F& Dolatowski, J (2010), an affirmative defense is a status that
References: Ciolino, P. J., & Castle, G. E. (2000). Advanced forensic criminal defense investigations. Tucson, AZ: Lawyers & Judges Pub. Co. Cole, G. F., & Smith, C. E. (2008). Criminal justice in America. Belmont, CA: Thomson/Wadsworth. Fersch, E. A. (2005). Thinking about the insanity defense: Answers to frequently asked questions With case examples. Lincoln, NE: iUniverse. Schmalleger, F., Hall, D. E., & Dolatowski, J.J. (2010). Criminal law today. (4th Ed.) Upper Saddle River, NJ: Prentice Hall. http://www.californiamentalhealthlawyer.com http://www.shouselaw.com