To charge Andrea Yates with first degree murder, what actus reus must the prosecutor establish?
Order Instructions
Note; Before you begin this assignment, be sure you have read and understand the text presentation on the M’Naughten Rule, the Irresistible Impulse Test and the Federal Test as they relate to the affirmative defense of insanity.
Research and read a news story about the Andrea Yates case. This now infamous case involved a Texas mother (Yates) who systematically drowned her five children in the bathtub.
Now that you know more about the insanity defense, try to divorce your emotion from this case and apply a solely legal analysis to respond to the following:
In one paragraph summarize the facts of the case.
To charge Andrea Yates with first degree murder, what actus reus must the prosecutor establish?
To charge Andrea Yates with first degree murder, what mens rea must the prosecutor establish?
Explain how the prosecutor would show corpus delicti for this crime?
Could the prosecutor charge voluntary or involuntary manslaughter? Support your response by referring to the elements of each offense and explaining why they are or are not applicable.
State the M’Naughten Rule, apply it to the case and explain whether Yates is legally insane under that test.
State the Irresistible Impulse Test, apply it to the case and explain whether Yates is legally insane under that test.
State the Federal test for insanity, apply it to the case and explain whether Yates is legally insane under that test.
Assignment Guidelines
Your assignment is designed to reinforce the unit learning objectives. You should work on your assignment once you have completed your unit reading assignment.
Write your responses in complete sentences.
Justify and support your responses, using information found in your text and through research.
Avoid copying text directly from the textbook. This is considered plagiarism and is not acceptable. Your answers must be written in your own words; however, it is understood that you will use the information from your textbook.
If you use additional resources, outside your textbook, cite your source(s).
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