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Who makes the determination of the ultimate issue (i.e., guilt; insanity) in court proceedings? |
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JUDGE/JURY; they find that the defendant was sp mentally dosorded at time of crime they can not be responsible for crime
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a legal term; refers to a man's state of mind at the time the offense was committed |
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not guilty by rason of insanity; found not competent to stand trial |
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the judge or jury responsible for deciding factual issues in a trial. If there is no jury the judge is the trier of fact as well as the trier of the law. In administrative hearings, an administrative law judge, a board, commission, or referee may be the trier of fact. |
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McNaughtan Rule, American Law Institute (ALI)/Brawner Rule, Durham Rule
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not knowing right from wrong; policeman at the elbow test test asks whether he would have done what he did even if a policeman was standing at his elbow; Irresistible impulse
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American Law Institute (ALI)/Brawner Rule
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Definition
a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity to either appreciate the criminality of his conduct or toconform his conduct to the requirements of the law; 1) This rule incorporates the emotional as well as cognitive determinants of criminal actions 2) It does not require that the defendant has a total lack of understanding of the circumstances, but that the individual only lacks a substantial capacity to understand 3) The ALI/Brawner rule includes both the cognitive and volitional elements, which makes defendants’ inability to control their actions sufficient criteria.
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case of serial murderer in WN (his insanity defense relative to his paraphilias) |
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"product test"; an accused is not criminally responsible if his unlawful act was the product of mental disease or defect |
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What states currently do not have an insanity defense? |
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Definition
Kansas, Montana, Idaho, Utah |
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What rule is most popular? |
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Definition
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What Is The Difference Between Legally Insane and Clinically Insane? |
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Clinical insanity is a medical term. Someone can be totally insane but still know the difference between right and wrong; Legal insanity is decided under what is called the "M'Naughton rule" (After Daniel M'Naughton, who was found not guilty of murder on the grounds of insanity in England in 1849) The Law Lords (English equivalent to the Supreme Court) established a set of rule to determine when someone was not guilty of a crime by reason of insanity. These rules were adopted in most 'common law' countries, including most American states. |
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The verdict of "not guilty" for reason of insanity in the 1982 trial of John Hinckley, Jr. for his attempted assassination of President Ronald Reagan |
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is a type of delusion in which the affected person believes that another person, usually a stranger, high-status or famous person, is in love with him or her. The illness often occurs during psychosis, especially in patients with schizophrenia, delusional disorder or bipolar mania.[1] During an erotomanic episode, the patient believes that a "secret admirer" is declaring his or her affection to the patient, often by special glances, signals, telepathy, or messages through the media. |
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When defendants plead NGRI, are juries or judges more likely to acquit them? |
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Definition
juries are harder to get aquittals for than judges |
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If juries are informed that should they find the defendant NGRI he/she will likely be hospitalized for treatment, are they more or less likely to acquit the defendant (i.e., find him/her NGRI)? |
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Yes, they may be more likely to acquit the defendant |
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Guilty but Mentally Ill (GBMI) verdict |
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the verdict allows juries to reconcile their belief that a defendant who commits a crimeshould be held responsible with the belief that he or she also needs help; intended purpose not reached |
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an apparent mental disturbance brought on by imprisonment and often manifested by pseudohallucinations, mild delusions, and paranoid trends
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found Guilty of 13 murders; Paranoid schizophrenia
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moniker: The Plainfield Ghoul, The Mad Butcher; convicted of 2 murders; would dismember bodies; mother was over bearing, had a brother Henry |
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an American murderer who kidnapped, tortured and raped six women and kept them prisoner in his Philadelphia, Pennsylvania basement. |
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sexual arousal to the violent exposure of organs/the inside of the body |
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involves sexual arousal and gratification towards sexual behavior that is atypical and extreme. |
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Partialism refers to a sexual interest with an exclusive focus of a specific part of the body |
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a belief in the magical power of fetishes (or the worship of a fetish).
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- A morbid and esp. erotic attraction toward corpses.
- Sexual intercourse with a corpse.
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paraphilic interest in rubbing, usually one's pelvis or erect penis, against a non-consenting person |
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Sadism is pleasure in the infliction of pain or humiliation upon another person, while masochism is pleasure in receiving the pain |
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