Criminal Law

Criminal law

Answer each questions

Ask me if you have any questions

Chapter deals with issues that repeatedly trouble society. How much awareness and understanding of your actions should you have before society can punish you for your actions? How old should an offender be before we punish that offender as an adult?

1. There have been four tests to determine the “sanity” or “insanity” of an offender. For this question, please read this article regarding the case Jennifer Bigham: https://abcnews.go.com/Health/mom-accused-drowning-girl-wins-insanity-defense-now/story?id=18315734 (Links to an external site.)
Based on that information (no further research is required), please list the four tests for insanity and pick the one that YOU feel would be most helpful to the defense of the case. In your analysis, please give one or two sentences to explain why you feel each of the other three tests would not help raise a valid defense for this defendant. Please limit your answer to one double-spaced page and, as before, no APA formalities are required.

2. Consider juvenile offenders and the ages at which their criminal responsibility is assumed to exist. Please list the FOUR age thresholds used in America for juveniles now, what level of capacity to commit crimes the juveniles would have at each age, and if you agree on the age at which offenders are no longer considered juveniles but are now considered adults and can be punished as adults.ADDENDUM to this portion of the assignment: as I am reminded (of my oversight), the text does not explicitly provide the fourth stage – adulthood, in Florida, offenders are treated as adults at the age of 18, per FRSA 985.03(7), which provides, “‘Child’ or ‘juvenile’ or ‘youth’ means any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years.” Please limit your answer to one double-spaced page and, as above, no APA formalities are required.

Extra stuff—— After studying this chapter, students will:

1. Understand that defendants who plead an excuse defense admit what they did was wrong but claim that, under the circumstances, they were not responsible for their actions.
2. Appreciate the long history of the insanity defense, and know the popular myths and empirical realities surrounding the insanity defense.
3. Understand the difference between insanity and competency when proving the affirmative defense of insanity.
4. Know the four different tests of insanity and which elements of mental capacity, reason, and/or will form the basis of each test.
5. Understand the difference between diminished capacity and diminished responsibility and appreciate how they apply only to homicide.
6. Understand how the law handles the excuse of age and that juvenile court judges can use their discretion to transfer a juvenile to adult criminal court.
7. Know the four elements of duress and appreciate the problem with blaming people who are forced to commit crimes.
8. Understand that voluntary intoxication is no excuse for committing a crime but involuntary intoxication is.
9. Understand that entrapment is used in all societies even though it violates a basic purpose of government in free societies: to prevent crime rather than encourage it.
10. Understand why, despite their criticisms, syndrome excuses are, and should be, taken seriously.