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Topic: Plea of temporary insanity


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In the News (Thu 12 Nov 09)

  
  Insanity defense - Wikipedia, the free encyclopedia
In a criminal trial, the insanity defenses are possible defenses by excuse, via which defendants may argue that they should not be held criminally liable for breaking the law, as they were mentally ill or mentally incompetent at the time of their allegedly "criminal" actions.
The insanity plea was legalized in the United States with the McNaughten Rule, which came as a direct result of the attempted assassination of British Prime Minister Robert Peel in 1843.
The insanity plea is used in the U.S Criminal Justice System in less than 1% of all criminal cases, and only one fourth of those defendants are found "not guilty by reason of insanity".
en.wikipedia.org /wiki/Plea_of_temporary_insanity   (1547 words)

  
 Insanity - Wikipedia, the free encyclopedia
Insanity (sometimes, madness) is a semi-permanent severe disorder of the mind, typically as a result of mental illness.
In criminal law, insanity is usually defined as an inability to either determine the difference between "right" and "wrong" (or, in a more practical sense, "legal" and "illegal") or understand the consequences of one's own actions.
An insanity defense is based on claiming that the defendant suffers from a mental disorder severe enough to meet either of these criteria, and that a sentence should therefore involve treatment rather than punishment (or, in the case of temporary insanity, that no sentence should be applied at all).
en.wikipedia.org /wiki/Insane   (574 words)

  
 plea   (Site not responding. Last check: 2007-10-08)
Plea has come to mean in the popular vernacular the assertion by a criminal defendant, in response of an arraignment, whether he is guilty or not guilty.
More generally, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system.
Under common law, a plea of guilty by the defendant causes a jury trial to be waived and the criminal process to proceed to sentencing.
www.fact-library.com /plea.html   (178 words)

  
 Plea of temporary insanity   (Site not responding. Last check: 2007-10-08)
The insanity and incompetence defenses are possible defenses by excuse, via which a defendant may argue that they should not be held criminally liable for breaking the law, as they werementally ill or mentally incompetent at the time of their allegedly "criminal" actions.
In practice, a finding of "not guilty by reason of insanity" almost always requires that the defendant have been in a state ofactive psychosis (at the time the law was broken) and usually such findingsinvolve a diagnosis of paranoid schizophrenia.
Some opponents of the insanity defense, including Thomas Szasz, believethat psychiatry itself emerged as a way to justify mercy, of making persons "exceptional" and thus not deserving of the harshpunishment we would as a society wish to dole out to people who had extremely selfish or widely shared rationales for theiractions.
www.therfcc.org /plea-of-temporary-insanity-6060.html   (1060 words)

  
 [No title]   (Site not responding. Last check: 2007-10-08)
Insanity is distinguished from low intelligence or mental deficiency due to age or injury.
In criminal cases, a plea of "not guilty by reason of insanity" will require a trial on the issue of the defendant's insanity (or sanity) at the time the crime was committed.
A claim by a criminal defendant of his/her insanity at the time of trial requires a separate hearing to determine if a defendant is sufficiently sane to understand the nature of a trial and participate in his/her own defense.
dictionary.law.com /definition2.asp?selected=979&bold=||||   (385 words)

  
 SurfWax: News, Reviews and Articles On Temporary Insanity
Love is a temporary insanity, and one of the ways the insanity tends to manifest itself in is the neglecting of some of your friends -- you know, the ones you couldn't live without a few months earlier.
Herlina's lawyer has pleaded temporary insanity for his client, saying she was under high stress during the incident and that the killing was not an intentional act.
Temporary insanity at the sight of naked attendees and the smell of alcohol is not an adequate explanation for such idiocy.
www.lawkt.com /files/Temporary_Insanity.html   (4010 words)

  
 TermPapers-TermPapers.com - Mad About The Insanity Defense
By the seventeenth century, the insanity defense was firmly in place, thus this plea was commonly accepted.
The insanity defense is the compromise: Basically, it reflects society’s belief that the law should not punish defendants who are mentally incapable of controlling their conduct.
In opposition, it is claimed that the insanity defense is rarely used, according to one eight-state study(reported in the Bulletin of the American Academy of Psychiatry and the Law, Vol.
www.termpapers-termpapers.com /dbs/e1/pbk45.shtml   (1385 words)

  
 The Temporaty Insanity Defense in California
In any criminal proceeding in which a plea of not guilty by reason of insanity is entered, this defense shall not be found by the trier of fact solely on the basis of a personality or adjustment disorder, a seizure disorder, or addiction to, or abuse of, intoxicating substances.
Under the ALI test a defendant is not responsible for her conduct if, at the time of the commission of the offense, she lacked the substantial capacity to: (1) appreciate the criminality (or wrongfulness) [No. 49] of her conduct; or, (2) conform her conduct to the requirements of law.
A person is legally insane when by reason of mental disease or defect [he] [she] was incapable of knowing or understanding the nature and quality of [his] [her] act or incapable of distinguishing right from wrong at the time of the commission of the crime.
w3.uchastings.edu /plri/spring95/tmpinsan.html   (3366 words)

  
 Father denies child abuse, claims temporary insanity
Defence counsel cited temporary insanity as the reason behind the beatings in an unsuccessful bail application.
Devonish pointed out that though Henry entered a plea of not guilty, by claiming temporary insanity, he is admitting to committing the acts.
Magistrate Thompson, in refusing bail, cited several grounds: firstly that there is no existing court order preventing the accused from seeing the children; secondly that the issue of parental influence arises should the accused manage to exchange words with the children; thirdly that the accused has a charge pending.
www.landofsixpeoples.com /news401/ns4021411.htm   (675 words)

  
 13-502 - Insanity test; burden of proof; guilty except insane verdict
A. A person may be found guilty except insane if at the time of the commission of the criminal act the person was afflicted with a mental disease or defect of such severity that the person did not know the criminal act was wrong.
Experts at the mental health facility who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity shall observe and evaluate the defendant.
This subsection does not prohibit the defendant or this state from obtaining additional psychiatric examinations by other mental health experts who are licensed pursuant to title 32, who are familiar with this state's insanity statutes, who are specialists in mental diseases and defects and who are knowledgeable concerning insanity.
www.azleg.state.az.us /ars/13/00502.htm   (487 words)

  
 Greenwood Publishing Group I1   (Site not responding. Last check: 2007-10-08)
This statute represented the first substantive treatment of the insanity defense in the federal criminal code, and is the subject of this critical assessment.
The authors conclude that the insanity defense is infrequently used, that acquittals in contested proceedings where it is used are rare, that a typical defendant who pleads insanity is not a rapist or a murderer, and that the notion that the defense is a 'rich man's defense' is not supported by the data."
Simon and Aaronson's The Insanity Defense is a clear, readable assessment of this issue as it exists in the 1980s and one which provides the reader with a basis for understanding and evaluating the legislative and judicial responses to the factors that have stirred such controversy.
info.greenwood.com /books/0275928/0275928314.html   (536 words)

  
 [No title]   (Site not responding. Last check: 2007-10-08)
According to a 1992 report in the journal Women and Health, this was the first time a defendant had tried a plea of temporary insanity.
Harris had been "crossed in love and suffering from painful dysmenorrhea." Ms Harris was acquitted, but was sent to a mental health hospital.
Evidently, lawyer Bradley thought Harris' insanity really was temporary, because in 1883, they married.
www.intelihealth.com /pcn/womenshealth/00278290.htm   (98 words)

  
 SpaceBattles.com - Temporary insanity   (Site not responding. Last check: 2007-10-08)
temporary insanity is used in court to justify the actions of a person who is otherwise normal.
the only time an insanity plea is really used though is in situations like that, sure there have been cases of "satan made me do it" but those are not cases that are won by the defendant.
before the temporary insanity plea came into being there were only two types of homicide, self-defense and murder, if it wasn't glaringly self-defense then a murder charge was the only way to go.
kier.3dfrontier.com /forums/archive/index.php/t-32784   (2939 words)

  
 Plea of temporary insanity: Definition and Links by Encyclopedian.com - All about Plea of temporary insanity
Plea of temporary insanity: Definition and Links by Encyclopedian.com - All about Plea of temporary insanity
At its core, it means although the person pleading temporary insanity is not insane before the act, circumstances rendered him insane at the time he committed the bad act.
For example, X comes home and finds Y in bed with her husband, goes "insane" by pulling out a gun and killing Y. See also: M'Naughten rule
www.encyclopedian.com /pl/Plea-of-temporary-insanity.html   (99 words)

  
 Darrow, Clarence Seward. The Columbia Encyclopedia, Sixth Edition. 2001-05
Darrow procured, in 1906, the acquittal of William D. Haywood and his associates on the charge of murdering former Governor Steunenberg of Idaho.
He offended many socialists (with whom he had been popularly identified) by introducing a plea of guilty in his defense of the McNamara brothers in the Los Angeles Times dynamiting case (1911).
In the Chicago “thrill” murder trial (1924) of Nathan Leopold and Richard Loeb he saved the defendants from execution by a plea of temporary insanity.
www.bartleby.com /65/da/Darrow-C.html   (343 words)

  
 [No title]   (Site not responding. Last check: 2007-10-08)
If I have a fit of temporary insanity and decide to give the hero the chance to reject a job as my trusted lieutentant, I will retain enough sanity to wait until my current trusted lieutenant is out...";s:4:"link";s:29:"http://eternalfellowship.net/";}i:11;a:4:{s:9:"link_text";s:21:"Chili Butikken: sauce";s:8:"link_url";s:68:"http://www.capsicum.dk/butik/show_articles.msql?felt=type&srch=sauce";s:4:"text";s:206:"...
Temporary Insanity Sauce This was the original sauce at my restaurant.
Iíll tell you what kind--itís called temporary insanity, because the egalitarians wonít be able to suppress the truth forever.
www.finsanity.com /_cache/32   (870 words)

  
 Temporary Employment Agency   (Site not responding. Last check: 2007-10-08)
It describes the political tactic of creating temporary space that eludes formal structures of control.
Temporary International Presence in Hebron 1: '''Temporary International Presence in Hebron''' or TIPH is a
Temporary resident (Canada) 1: Canada)citizen but is legally in Canada for a temporary purpose, including international student s
www.witchware.com /File/40098-Temporary.Employment.Agency.Html   (682 words)

  
 Yoga Darsana Institute | Current Shop - Temporary Sanity : A Crime Novel
Marty Nickerson, a former prosecuting attorney, is now working for the first time as a defence attorney in Cape Cod and is called upon to defend Buck Hammond, a man with a spotless record who shot Hector Monteros, the man who kidnapped and brutally raped Buck's young son.
The trouble is that a TV news crew filmed the event as it happened and that Buck refuses to use a plea of temporary insanity, insisting that he knew what he was doing and would do it again.
Marty teams with Harry Madigan, her law partner and lover to produce a credible defence in the face of overwhelming evidence and at the same time, defend a battered woman whose live-in attacker was murdered.
www.yogadarsana.org /buy-074322907X.html   (679 words)

  
 Howstuffworks "What does not guilty by reason of insanity mean?"
Mental illness at the time of the offense is a prerequisite for a not-guilty-by-reason-of-insanity ruling, but legal insanity is not simply a judgment of whether or not a person has a mental illness.
To prove legal insanity, the defense must provide credible expert testimony that says how the defendant is (or was) mentally ill, and then explain why this sort of mental illness means that the defendant did not intend to commit a crime.
The jury does not decide whether the defendant is mentally ill; it determines whether or not the defense's expert testimony has demonstrated this fact, and then decides whether or not this mental disorder meant that he or she did not intend to commit a crime.
www.howstuffworks.com /question509.htm   (694 words)

  
 Insanity (Surnames A-B)   (Site not responding. Last check: 2007-10-08)
The trial of Abner Rogers for murder "was famous for the successful introdcution of the plea of insanity in the U.S. The defense submitted a wealth of information concerning cases of insanity and extensively cited medicolegal literature on the subject.
Contains James Bates' "Report on the Medical Treatment of Insanity and the Diseases most frequently accompanying it;" "Trial of Robert Pate, at the Central Criminal Court, London;" Edward Jarvis' "On the Comparative Liability of Males and Females to Insanity, and Their Comparative Curability and Mortality when Insane;" review of reports of hospitals for the insane.
Insanity tested by Science, and shown to be a Disease Rarely connected with Permanent Organic Lesion of the Brain.
www.gach.com /Gach/l1323-01.htm   (4381 words)

  
 Temporary Insanity -- Attorneys and Legal Advice   (Site not responding. Last check: 2007-10-08)
At that time, it was said she would use a defence of diminished responsibility or "temporary insanity".
Rogers' temporary insanity was captured by photographers who weren't in the line of fire.
Beloit Daily News, Later, he realized this time in his life was akin to temporary insanity, and that pain and rage initiated fantasies would not salve his soul.
www.cougarlegal.com /practice_areas/Temporary_Insanity.html   (528 words)

  
 Tough law requires clear, convincing evidence of insanity
2, 2003 12:00 AM The state's insanity defense, spawned by an outraged public nearly a decade ago, is among the toughest in the nation.
The 1993 law was fallout from three notorious Arizona cases in the 1980s, in which men were charged with killing their wives but released after claims of temporary insanity.
An angry public demanded reform, and the temporary insanity plea was replaced with a plea of guilty except insane.
www.azcentral.com /specials/special21/articles/0302insaneside02.html   (343 words)

  
 The Alien Within :: South East Asia :: March -- June '95
When a person cracks under pressure and commits evil acts they defend it as 'temporary insanity'.
What I did yesterday unconsciously and have thus forgotten today is as much a part of who I am at this very moment as the thought I now consciously commit to paper.
A plea of temporary insanity makes as much sense to a Buddhist as the crumb-faced child who blames missing cookies on the actions of an imaginary friend.
www.synaptic.bc.ca /ejournal/thealien.htm   (1983 words)

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