people running around the streets today‚ I feel that many persons who use the temporary insanity defense are more conniving than insane. Also‚ being an inexact science‚ the psychiatric community often offers up differing opinions as to any particular individual’s sanity. Furthermore‚ money or lack thereof can play a major role in the success or failure of an insanity defense. The temporary insanity defense should therefore be abolished‚ especially for felony offenses such as murder. What exactly
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The Insanity Defense: Insane or Not The insanity defense is a topic that seems to garner a lot of public attention even though it is rarely used and is rarely successful. So why is this topic so popular considering its rarity? The answer could be a combination of highly publicized cases that use the insanity defense and the public’s misunderstanding of exactly what happens when someone is found not guilty by reason of insanity. The public has a common misconception that someone found not guilty
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required to prove guilt beyond a reasonable doubt. The most common criminal defenses fall under two categories‚ excuse and justification. An excuse is when a person admits to committing a criminal act but believes that he or she can’t be held responsible because there was no criminal content. Some excuses used in court today are; mental disorder‚ infancy (age)‚ mistake of fact‚ mistake of law and automatism. In justification defenses‚ the accused admits to wrongdoing but argues that he or she should be
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One of the many issues that trouble the American Justice System today is that of the insanity defense. This defense has been brought in front of courts for years and has caused massive debate. The insanity defense plays a powerful role in our society which begs for justice. However some look upon it as a god sent‚ while other feel it is the enemy. ?The insanity defense is rooted in a basic principle of justice: that it is unfair to hold persons responsible for their actions when they don?t know‚
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When exactly do you need an attorney? The importance of hiring a criminal attorney when you are being investigated or when you are arrested for crime is crucial. Getting an attorney before being charged with crime can go a long way in keeping you out of court or jail. It is not uncommon for prosecutors to file cases earlier than usual‚ before they have obtained all the required evidence. An experienced criminal defense attorney knows what the police officer or prosecutor is thinking pertaining to
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Attorney-Client Privilege: The Flaw on Our Justice System Abstract This paper explores what I think is the constitutional flaw of our criminal justice system‚ attorney-client privilege. Under certain circumstances‚ information possessed by an attorney cannot be disclosed to others without the client ’s consent because of the attorney-client privilege or certain other legal concepts. The attorney-client privilege‚ which dates back to the reign of
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AMERICAN RIVER COLLEGE The Journey of a Defense Attorney Lori Griebell The journey of the defense attorney begins with an education that requires good study habits‚ good analytical skills‚ as well as the drive to complete the years of study required to succeed. The schooling itself requires seven years of schooling‚ including four years of undergraduate education and an additional three years of law school‚ before being eligible to take
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Legal Defenses JB August 19‚ 2013 CJS/220 ESTANISLAO ROSAS In the readings that I have done I have found that there are three different types of legal defenses‚ they are: self-defense‚ insanity‚ and provocation. In a case where a person is charged with first degree premeditated murder‚ if they were to use one of the three defenses the punishment would not be the maximum that is normally imposed depending on the crime and type of defense that is used. If reasonable force
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I believe the Insanity Defense Reform‚ made it more difficult for the defense to prove the insanity defense. Also with limiting conclusive opinionated “expert testimony” by so called experts in the field on mental disabilities. Without the expert witness in the Hinckley trial giving his opinion as to the insanity defense‚ jurors would not get conclusive or opinionated statements as evidence of the case. Now‚ is I were to
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The Ethical Duties of Prosecutors and Defense Attorneys The adversarial system does not produce justice and truth and is incapable of producing both of them equally. The prosecutor and the defense attorney are two important parts of the adversarial system‚ but they have opposite roles in what they do in the court room. These two roles play a significant part in why there is this imbalance of justice and truth in the court room. The prosecutor is an important part of the party that seeks justice
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