Mind over Matter
- Submitted by: HopePacell2183
- Views: 122
- Category: Other
- Date Submitted: 11/18/2015 07:36 AM
- Pages: 2
- Report this Essay
What is the difference between mental illness and insanity? (Hint: What is the important second prong of the M'Naghten rule?)
An individual with a mental illness knows right from wrong. But an individual 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. Clark would have had to have known at the time of the incident that what he was doing was wrong in order for him to be guilty of intent to murder. (Gibeaut, 2006, Vol. 92)
The M'Naghten rule cannot be used to defend the actions of a person who drinks alcohol and then murders someone. Why not?
An individual who drinks alcohol prior to committing a crime cannot use the M'Naghten rule because by drinking they have already placed others at risk with their actions. It is viewed to be quite a lot like premeditation. (Gibeaut, 2006, Vol, 92)
Identify each of the following:
Rational and guilty: The individual was fully aware of what they did and knew it was wrong, and illegal, but did it anyway.
Guilty but insane: The individual knew at the time that their actions were wrong but because of their mental disorder or disease they had no control over their actions.
Not guilty by reason of insanity: 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.
If you were deciding this case, how would you rule? Briefly explain your decision.
I would look at everything that occurred at the time. We look at the original call that someone complained of a pickup repeatedly circling the block, blasting music. But it is also mentioned that he shot a young police officer which normally would get anyone in prison for life. But people also didn’t agree that he wasn’t suffering paranoid schizophrenia at the time. There are many things to look at. I would give a full evaluation of Clark to be able to make a conclusion of him...
An individual with a mental illness knows right from wrong. But an individual 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. Clark would have had to have known at the time of the incident that what he was doing was wrong in order for him to be guilty of intent to murder. (Gibeaut, 2006, Vol. 92)
The M'Naghten rule cannot be used to defend the actions of a person who drinks alcohol and then murders someone. Why not?
An individual who drinks alcohol prior to committing a crime cannot use the M'Naghten rule because by drinking they have already placed others at risk with their actions. It is viewed to be quite a lot like premeditation. (Gibeaut, 2006, Vol, 92)
Identify each of the following:
Rational and guilty: The individual was fully aware of what they did and knew it was wrong, and illegal, but did it anyway.
Guilty but insane: The individual knew at the time that their actions were wrong but because of their mental disorder or disease they had no control over their actions.
Not guilty by reason of insanity: 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.
If you were deciding this case, how would you rule? Briefly explain your decision.
I would look at everything that occurred at the time. We look at the original call that someone complained of a pickup repeatedly circling the block, blasting music. But it is also mentioned that he shot a young police officer which normally would get anyone in prison for life. But people also didn’t agree that he wasn’t suffering paranoid schizophrenia at the time. There are many things to look at. I would give a full evaluation of Clark to be able to make a conclusion of him...