Review the Electronic Reserve Readings for Week Five, located on the student website. In your reading, A Matter Over Mind, the author presents the case of a young man who shoots and kills a police officer. The case argues a defendant’s constitutional right to use the insanity defense and the amount of leeway provided to prosecutors.

· What is the difference between mental illness and insanity? (Hint: What is the important second prong of the McNaughten rule?) * People with mental illness knows right from wrong * People with insanity does not know right from wrong * The important second prong of the M’Naghten rule says that the person must know right from wrong.

· The McNaughten rule cannot be used to defend the actions of a person who drinks alcohol and then murders someone. Why not? * A person who drinks alcohol prior to committing a crime cannot use the M’Naghten rule because they have already placed others at risk with their actions by drinking.

· Identify each of the following:
Rational and guilty
Rational and guilty means that the person was fully aware of their actions and knew it was wrong and illegal but did it anyway.
Guilty but insane
Guilty but insane means that the person knew at the time that their actions were wrong but they had no control over their actions because of their mental disorder.
Not guilty by reason of insanity
Not guilty by reason of insanity means that the individual experienced a temporary moment of insanity that they could not control during which time they did something that they would not normally have done. (Gibeaut, 2006, Vol. 92)

· If you were deciding this case, how would you rule? Briefly explain your decision.
If I were to decide the case of Clark, I would rule, not guilty by the reason of insanity. I chose this rule because Clark has