Exam 5: Criminal Responsibility and the Capacity to Commit a Crime
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.
A
In states where it is available, should the jury find the defendant was guilty but mentally ill at the time of the offense, the defendant:
D
Explain the plea of "guilty but mentally ill." Why have some states enacted such statutes and how do they work?
The plea of "guilty but mentally ill" allows a defendant to admit to the criminal charges against them while also asserting that they were suffering from a mental illness at the time of the offense. This plea acknowledges the defendant's responsibility for their actions while also highlighting the impact of their mental illness on their behavior.
Some states have enacted "guilty but mentally ill" statutes in response to the recognition of the complex relationship between mental illness and criminal behavior. These statutes aim to ensure that individuals with mental illness receive appropriate treatment and support within the criminal justice system, while also holding them accountable for their actions.
When a defendant enters a plea of "guilty but mentally ill," they may be required to undergo a mental health evaluation to determine the extent of their illness and its impact on their behavior. If the court accepts the plea, the defendant may be sentenced to a combination of incarceration and mental health treatment, with the goal of addressing both the criminal and mental health aspects of their case.
Overall, the "guilty but mentally ill" plea reflects a recognition of the complexities of mental illness and its intersection with the criminal justice system. By providing a framework for addressing both the criminal and mental health needs of the defendant, these statutes aim to promote a more holistic and effective approach to justice for individuals with mental illness.
The US Supreme Court held that a mentally retarded person could not be subject to the death penalty in______.
The lowest age of criminal responsibility established by common law was at the age of _____ years old.
Under the civil law, an infant (child) is a person who has not yet reached the age of majority, which, depending on the jurisdiction may be as old as 21 years of age.
Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.
Voluntary intoxication or drug use as the basis for the successful assertion of the insanity defense is _____ used.
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.
A child of 14 could be convicted if it can be shown the child had the ____ ability and understanding to formulate the required criminal intent.
The second prong of the M'Naghten rule is called the ____ capacity prong.
Which is not a basis for finding a person incompetent to stand trial?
Most states place the burden of proof on the ___________ on the issue of being incompetent to stand trial.
Scott Rudy finds out that his girlfriend is cheating on him with his best friend. Scott goes over to his best friend's house and finds his girlfriend and his best friend in a compromising embrace. Scott takes out his gun, and shoots and kills both of them. Scott is arrested and charged with two counts of murder. At his trial Scott claims he was insane at the time of the murder as his defense.
Tommy Johnson, who is 14 years old, goes into the local clothing store and steals a pair of $120 Nike shoes. The store's loss prevention catches him and calls the police.
Describe the test for competency to stand trial and what happens to a defendant who is found incompetent.
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