...the Law Stop For years the insanity defense has turned into a difficult defense system in the court of law. The exact law changes from state to state, but the main idea remains the same. The insanity defense could apply and be used on an individual who is considered legally insane. The individual must have a severe mental disease or defect, their lawyer must prove that they were at the time of the crime. We need to abolish the insanity plea and make the death penalty the law of the land again. An individual accused of a crime can pled guilty that they committed the crime, or argue that they are not responsible for it because of a mental illness. “Not guilty by reason of insanity.” There’s an important distinction between pleading guilty by reason of insanity and diminished capacity. Diminished capacity is pleading to a lesser crime. Pleading insanity is a full defense to a crime, it’s equivalent to pleading “not guilty.” The insanity defense is a compromise on part of society and the law. Society believes that criminals should be punished for the crimes they committed and society believe that people who are ill should receive treatment for their illness. When we talk about the insanity defense, we go to the M'Naghten rule. The M'Naghten rule is the required test that must be given before the jury can decide whether the individual on trial knew that he or she could not tell right from wrong. This is the first famous legal test for insanity. In 1843, Englishman Daniel M’Naghten...
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...Legal Aspects of Intoxication Aditya Vikram Yadav Student Chapter 1 Abstract Intoxication as defined in S. 86 has remained a convenient defence in numerous murder cases, as it allows for acquittal in case of temporary insanity due to drunkenness. Through this paper we explore the jurisprudential history and the legal aspect of intoxication and find ways to bypass the landmark judgement of Basdev v. State of PEPSU(1956), which established the doctrine of insanity based on previous English judgements. This paper seeks to find ways for the police to establish guilt in such cases. S. 86 Scope of Section – The Indian Courts attribute the same knowledge to an inebriated person as they do to when he is sober. If the man has not gone very deep in drinking, the court can gather from the facts his intention, and whether the act was intended. Therefore, in cases where intention is essential, drunkenness is a defence. This section creates an artificial rule for effect of evidence and significance of facts, and the section must be read as it is and construed strictly. No knowledge or intention further of that of a sober man can be established to an intoxicated person. Drunkenness where not available as a defence can be offered as a mitigator of sentence. The section makes clear that intoxication has no effect on a person’s knowledge, and he must be presumed to cause the consequences of his acts. The difference between S. 85 and S. 86 is essentially based on whether the drunkenness...
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...Love is a universal feeling or emotion and every human on this earth loves someone. It is not necessary that love exists only between opposite sexes but love is there between human kind, between brothers, between sisters, between brothers and sisters, between parents and children, between husband and wife, between neighbors, between nations, between all relations and love also exists between humans and other living beings such as animals. Therefore, nobody can deny the existence of love in this world. Sometimes you need to describe the love you have for someone in words. * A purpose of human life, no matter who is controlling it, is to love whoever is around to be loved. * What is love but acceptance of the other, whatever he is. * Love is like a fever which comes and goes quite independently of the will. … there are no age limits for love * There is no safe investment. To love at all is to be vulnerable. Love anything, and your heart will certainly be wrung and possibly be broken. If you want to make sure of keeping it intact, you must give your heart to no one, not even to an animal. Wrap it carefully round with hobbies and little luxuries; avoid all entanglements; lock it up safe in the casket or coffin of your selfishness. But in that casket — safe, dark, motionless, airless – it will change. It will not be broken; it will become unbreakable, impenetrable, irredeemable. The alternative to tragedy, or at least to the risk of tragedy, is damnation. The only...
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...“Texas is the toughest state in the country to win an insanity defense case” Fox News, CNN, MSNBC, July 26, 2006 Andrea Yates grew up in Houston, Texas in a typical Roman Catholic family environment. Her family has been described as middle-class American family. Her father was a school teacher who taught shop. He would retire and then later suffer from Alzheimer’s. He passed away before the killings. Her mother worked to keep the house running and attend to the families 5 children. Andrea, born on July 2, 1964 was the youngest and considered the brightest of the siblings. She proved to be a high achiever coiled with personal motivation as demonstrated in her role as captain of the swim team, National Honor Society member, and valedictorian. She graduated from Milby High School in 1982. She went on to the University of Houston, where she completed a two-year pre-nursing program. Upon completion of the pre-nursing program, she was accepted to the University of Texas School of Nursing in Houston from which she graduated in 19986. Andrea then took a position with the University of Texas M.D. Anderson Cancer Center where she worked from 1986 to 1994 as a registered nurse (Denno, 2003). Andre met her future husband much the way any other person might. In 1989, Andrea and Russell (Rusty) were both living in the same apartment complex. Rusty, “a summa cum laude graduate of Auburn University, was designing computer systems for NASA” (Denno, 2003) was described as popular...
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...Criminal Behavior Lorenzo Reid Virginia College Online Abstract The following paper will address the different areas of the Psychological and Psychiatric Foundations of Criminal Behavior. Within this paper, every aspect from theories to what the law states when it comes to this state will be addressed. Criminal Behavior Doctor Leon Eisenberg once stated, "...persons who are seriously mentally ill are far more likely to be the victims of violence than its initiators." (Campbell) Yet how true is that? When it comes to mental illness, there have been several violent crimes that have been committed, and been blamed on mental illness. There are several shows for entertainment such as the show “Criminal Minds”, that attempts to bring a reality and understanding to mental illness and criminal behavior. This show gives a reality to the fact that people can be simply mentally ill and not simply criminals. In early society times, people simply did not take mental illness into account. It was thought that people, regardless of their mental state, should be accountable for their actions. Yet, in today’s society, this is not the case. Due to research and a better developed country, citizens are given an opportunity to show that their mental state was not steady when they committed a crime. So, what is it then, which motivated a person to kill or maim another? How can a person kill someone else, or a numerous amount of people, with no remorse? These questions and several...
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...35039, Marburg Email: Shoqarqwa@hotmail.com Date of Submission: February 29, 2016 Student ID: 2739275 Table of Contents: 1. Introduction 1 2. [Main Part I] 2.1 Gothic Element 2.2 Feminism 3. Conclusion 1 [Bibliography] 1. Introduction: “All meanings, we know, depend on the key of interpretation.” By Georg Eliot It goes without saying that the more one ponders upon the masterpiece written by Charlotte Perkins Gilman, “The Yellow Wallpaper”, the more compelled one finds themselves to, not only reverence what she brought forth, but to also acclaim the diverse interpretations one can come up with of a text written well over a century ago. The story talks about a woman who is diagnosed with "temporary nervous depression—a slight hysterical tendency" (Gilman 1) and thus is sentenced by her physician to a rest cure. Following her husband’s and doctor’s orders, her suffering grows worse and worse and signs of depression, anxiety and dissociation manifest, quite the opposite of what was supposed to happen. Having the ability to scare and horrify the reader, this unique story had been considered as a classic in Gothic literature. However, it has recently been perceived as an early indictment of the patriarchal social structure and therefore has become a classic in feminist literature. There are many signs of Gothic elements and feminist ideas presented via symbolism, and one of the most prominent figures presented in the story is the house...
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...Addiction choice or disease This essay will look to outline the different arguments in that; addiction to a substance is a choice of one’s free will, or is it a disease element in our bio chemical or physical make up? It will consider, if addiction extends from genes inherited from parents or forefathers, or if it is a learned behaviour through day to day lifestyles, and changes through growth from tots to teens, to youths, then to adults. It will also seek to analyse how different approaches and points in this relevant argument can be debated in the academic and medical world, with the views and discussion of recognised professionals in the study of addiction. The definition of addiction ad-dic-tion (noun) is ‘the state of being enslaved to a habit or practice or to something that is psychologically or physical habit forming to such an extent that its cessation causes severe trauma (Dictonary .com, 2012) One valid stance is that addiction is a chemical imbalance in Deoxyribonucleic Acid (D.N.A) (Wachuku, 2003, p. 199); any toxin or chemical artificially entered into the bloodstream may have a more serious effect on certain human beings than others. It could be argued that some are able to tolerate these toxins or chemicals without becoming addicted, whilst others quite easily fall into addiction, whether it is to alcohol, prescribed drugs, illegal solvents, stimulants, hallucinogenic or anti-depressants. Dr Robert West Professor of Health Psychology University College London...
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...The opinion of Marijuana during the 70’s was much more definitive than it is today. Approval of Marijuana by 27 states, new medical studies, and its consequences on those convicted from use of the most common illicit drug in the world, is forcing the United States of America to rethink its stance on the matter. In general, the underlying argument about Marijuana in this country is: should Marijuana continue to be prohibited to citizens based on its health effects, medicinal values, and costs to the country? The reasons why this argument is so important are great. As previously stated, Marijuana is the most commonly used illegal drug in the world, and with millions of people using it regularly and almost 100 million that have ever used it in this country, the laws behind this drug hold great influence. It is because of this and the immergence of new evidence, that the justification behind prohibition of this drug is being rethought scientifically, socially, and economically. The use of Marijuana as both medicine and a recreational drug is being thoroughly questioned in the US. 27 states have Marijuana approved in some form, many of those for medical purposes however those users can still, and do get placed into prison by federal law. Currently, 830,00 people a year are in trouble with the law in regards to Marijuana and numbers seem to be on an uphill trend . Furthermore, the US invests 30 billion a year into the drug war, half of which is dedicated to Marijuana. Many are questioning...
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...Name: Tutor: Course: Date: Illegal Immigrants Presently there are countless hot subjects on the minds of Americans such as abortion, drone wars, same sex marriage but then one of the most discussed topic is the whether illegal immigrants should be deported back to their legitimate countries. Actually this topic has been politicized for more than a decade now without a sustainable resolution. And so what are the consequences of tolerating illegal immigrants in our country? For this reason in this paper we are going to present the limitations of illegal immigrants in the United States in an organized argumentation justifying why illegal immigrants should be deported back to their countries. Did you know that illegal immigrants cost American taxpayers more than three hundred billion dollars annually. It has been reported that an illegal pregnant woman in the United States receives free medical service that cost at around six thousand dollars. According to a CRS report illegal immigrants were responsible for more than 16, 000 which is twice the crimes commuted by legal immigrants. Additionally the United States Consensus Bureau estimated that there are more than twelve million illegal immigrants in the United States, this is actually equivalent to the combined populations of Arizona, Iowa and New Mexico. Even worse the infiltration of illegal aliens this has resulted in a weighty increase in the rate of unemployment. To tell the truth these illegal immigrants are certainly...
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...delusions. The paper discusses the definition of delusions as well as religion and makes a stark comparison between the two. The paper includes many different religions and how each claims having a monopoly to salvation. The study included white males from seemingly the same background who were diagnosed as having symptoms of delusions ranging from ages 34 – 57. The paper also discusses several theories as discussed in class regarding thoughts from Erikson, Sullivan and Fromm. Finally, the paper concludes with a brief historical summary of why the author has contention with religion and religious beliefs. Key words: Delusional, fanaticisms, capricious, analogous, and tantamount. When one person suffers from delusion, it is called insanity. When many people suffer from delusion it is called religion. - Robert M. Pirsig There is a close kinship to the relationship between religious beliefs and religious delusion. Merriam-Webster defines delusion as a persistent false psychotic belief regarding the self or persons or objects outside the self that is maintained despite indisputable evidence to the contrary; also: the abnormal state marked by such beliefs. Religion is defined as the service and worship of God or the supernatural (2): commitment or devotion to religious faith or observance; a cause, principle, or system of beliefs held to with ardor and faith. In other words, religion is believed even in the absence of indisputable evidence to the contrary. Religions...
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...Always discuss coincidence (Thabo Meli, Royall) and BRD (prosecution, differs for offence and defence) Chapter 5 – Homicide: Murder and Involuntary Manslaughter 5.1 Patterns of homicide 423 Study by A.Wallace. 1968-81 * -relationship of victim to offender. * -homicide is a crime that is socially, historically and culturally determined. * -homicide comprises a variety of offenders and victims in different social settings. * -Homicide in NSW is largely interpersonal in nature, rather than instrumental or ideological. * -Majority of interpersonal killings involved intimates. * -Homicide patterns reflect cultural norms. * -homicide is spontaneous rather than premeditated crime. * -Homicide offenders exhibit a wide range of moral culpability. 5.3 Murder S18 Crimes Act (1900) NSW S 18. (1) (a) Murder shall be taken to have been committed where the act of the accused, or thing by him omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him, of a crime punishable by penal servitude for life or for 25 years. (b) Every other punishable homicide shall be taken to be manslaughter. S 18 (2)(a) No act or omission which was not malicious, or for which the accused had lawful cause or excuse, shall...
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...ESSENTIAL ELEMENTS OF CRIME Elements: Actus Reus – physical act or unlawful omission by the D Mens rea – state of mind or intent of D at the time of act Concurrence – actus reus and mens rea exist at same time Harmful result and causation – a harmful result caused both factually and proximately by D’s act Attendant circumstances – ACTUS REUS: Definition: physical/external, or objective, part of the crime Eser = Actus Reus is the comprehensive notion of the act, harm and its connecting link, causation, w/ actus [expressing the voluntary physical movement in conduct] and reus [this conduct results in a certain proscribed harm (e.g. causes injury to the legal interest protected in that crime)] Conduct crimes: punished for illegal act [e.g. driving while intoxicated] Result crimes: punished for result [e.g. murder] VOLUNTARY ACTS: Definition: The D’s act must be voluntary in the sense that it must be a conscious exercise of the will. Rationale: An involuntary act will not be deterred by punishment. Not voluntary // not liable: Conduct that is not the product of the actor’s determination. E.g. A shoves B into C w/ result that C falls to death. Reflexive or convulsive acts Acts performed while the D was either unconscious or asleep UNLESS the D knew that he might fall asleep or become unconscious and engaged in the dangerous behavior. MARTIN V. STATE: Police arrested drunk Martin at home and brought him to highway – convicted of being drunk on highway...
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...On Love and The Human Condition Devin Conway Philosophy In Film 06/11/2015 In mankind’s never-ending search for truth, purpose, and meaning, at the very center of the human experience, lies a universal longing for an unconditional love; bound not by circumstance or subject to change, an exclusive relationship to be molded by acceptance and solidified by an impenetrable barrier of trust and understanding. Our personal relationships, in reality, do not reflect this perversely romanticized notion of true love. Generally speaking, people are emotionally volatile beings with ideas and desires that are constantly evolving to accommodate newly processed information and experiences. When you combine this emotional instability with the continuous adjustments being made to our basic dispositions, you get individuals who rarely compliment one another in any compatible manner, let alone in a functional intimate relationship. Given these circumstances, it’s easy to see why so many people cling desperately to the love that they do happen to find in this world, that the search for love serves as fuel for our endlessly burning desires, and how the pain of a love lost can twist an innocent soul, driving many towards radical and even reckless behavior, often in the direction of a maddening state of emotional oblivion. Since the earliest developments in man’s creative pursuits, the concept of love has played an essential role in...
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...Finding 33 Larceny by Trick 34 Larceny as a Bailee 38 ASSAULT 41 Degree of Injury 41 Common Assault 42 a. Psychic Assault 42 b. Battery 44 Mens Rea 47 Intentional Assault 47 Reckless Assault 47 Negligence 48 Aggravated Assault 48 a. Assault Occasioning Actual Bodily Harm (ABH) (section 59) 49 b. Reckless GBH or Wounding (section 35) 50 c. Maliciously Wounding/GBH with Intention to Inflict GBH (section 33) 51 SEXUAL ASSAULT 54 Actus Reus 54 a. Sexual Intercourse 54 b. Absence of Consent 55 Common law Rules 57 o Doctrine of marital immunity abolished at common law (L 1991) and under statute (s61T(a) NSW) 57 Mens Rea 57 Intention 57 Mistaken Belief in Consent 57 Recklessness 58 DEFENCES 60 Insanity 60 Elements 60 Automatism 61 Sane and Insane Automatism 61 Intoxication 62 Burden of Proof 62 Self-induced v Involuntary Intoxication 62 Actus Reus 62 Mens Rea 62 Self-Defence 64 Duress 65 Elements 65 Necessity 65 Elements 66 Burden and Standard of Proof *...
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.....33 2.1. The Cause of Anger……………………………………………………………...34 2.2. The Manifestation of Anger……………………………………………………...37 2.3. The Attempt at Controlling Anger……………………………………………….42 2.4. The Loss of Control……………………………………………………………...45 2.5. The Retribution…………………………………………………………………..49 3. The Level of Conceptual Metaphors and the Peculiarities of Translation of the Concept of Anger…………………………………………………………………………………….50 3.1. ANGER IS A HOT FLUID IN A CONTAINER ……………………………….53 3.2. ANGER IS HEAT……………………………………………………………….58 3.3. ANGER IS FIRE………………………………………………………………...60 3.4. ANGER IS A LIVING BEING………………………………………………….63 3.5. ANGER IS AN OPPONENT IN A STRUGGLE……………………………….65 3.6. ANGER IS A DANGEROUS ANIMAL………………………………………..67 3.7. ANGER IS INSANITY………………………………………………………….70 3.8. ANGER IS A BURDEN…………………………………………………………72 3.9. ANGER IS COLD……………………………………………………………….74 Conclusions………………………………………………………………………………………79 References………………………………………………………………………………………..81 Summary in the Lithuanian Language…………………………………………………………...89 3 INTRODUCTION Language is both a product and...
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