M3D2: Adjudication of Insanity

38585M3D2: Adjudication of Insanity

As outlined in Chapter 4 of your assigned textbook, the definition and determination of blameworthiness in the courts has a long convoluted history. An insanity defense may incorporate legal and/or psychological constructs. Its applicability may have to be demonstrated by the prosecution or the defense. It may focus on issues of cognition, volition, or appreciation.

In all states, the decision is recognized as one of law rather than one of medicine and, in most states, the actual determination of sanity/insanity is a product of jury decision-making.

Before you begin this discussion, be sure to complete the following readings:

Read the following:

Erickson, P. E., & Erickson, S. K. (2008). Crime, punishment, and mental illness: Law and the behavioral sciences in conflict. New Brunswick, NJ: Rutgers University Press.
Chapter 4: The Problems with the Insanity Defense: The Conflict between Law and Psychiatry

Respond to the following:

In view of the complexity of the issues, surrounding the applicability of the insanity defense, who should be responsible for making the ultimate decision—the judge, a medical authority, the jury, or some other entity? If it is some other entity, describe this entity. Support your statements with critical analysis of text materials.

Required Reading Week 3:
Erickson, P. E., & Erickson, S. K. (2008). Crime, punishment, and mental illness: Law and the behavioral sciences in conflict. New Brunswick, NJ: Rutgers University Press.
Chapter 3: Competency to Stand Trial and Competency to Be Executed
Chapter 4: The Problems with the Insanity Defense: The Conflict between Law and Psychiatry
Module notes
Articles from the College Library:
Rogers, R., Harrison, K. S., Shuman, D. W., Sewell, K. W., & Hazelwood, L. L. (2007, April). An analysis of Miranda warnings and waivers: Comprehension and coverage. Law and Human Behavior, 31(2), pp. 177-192. http://search.ebscohost.com/login.aspx?direct=true&db=pdh&AN=2007-06178-004&site=eds-live&scope=site

View:

PowerPoint presentation:
False ConfessionsPreview the document [Presentation slides][PPTX file size 912 KB]
Website:
WGBH educational foundation. (n.d.).
The story of Ralph Tortoricci. Frontline. Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/crime/ralph/
Online video:
texasdefenderservice. (2014, November 14). Executing the insane: The case of Scott Panetti [Video file] [27 min 15 sec]. Retrieved from https://www.youtuve.com/watch?v=jUNjW61yrJM