Plea of Insanity by Jilliane Hoffman download in pdf, ePub, iPad
The nature of the hearing is virtually identical to that of a preliminary hearing. Yet Ferguson refused to be examined by either prosecution or defense psychiatrists, believing he was not insane.
The prosecutor had argued that the respondent's silence after receiving Miranda warnings was evidence of his sanity. Because a two-tiered criminal justice system is morally repugnant, critics contend that the insanity defense must be abolished. Rules differ between Nordic countries. The insanity defense should not be confused with Incompetency.
In none of these situations does or can the law excuse the offender. He discharged his court-appointed attorneys, who believed him mentally incompetent to stand trial, and was allowed by the judge to act as his own attorney. Daniel M'Naghten, operating under the delusion that Prime Minister Robert Peel wanted to kill him, tried to shoot Peel but shot and killed Peel's secretary instead. The judge may issue this instruction if the defendant has produced sufficient evidence at trial to justify the theory.
Supreme Court ruled in in Atkins v. The intent of the M'Naghten rule was to abolish the irresistible-impulse defense and to limit the insanity defense to cognitive insanity. Supreme Court, the convictions were reversed.
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