Psychology of Homicide . Unit I Lecture Basics of Criminal Law and the Insanity Defense.
Unit I Lecture
Basics of Criminal Law and the Insanity Defense
Criminal Justice can be defined as follows: Criminal (Crime): An act committed or omitted in violation of criminal law forbidding or commanding it. (Note: A crime can be done by omitting to do something, such as paying taxes or failing to providing reasonable care for your child.)Criminal Justice
Justice-maintenance or administration of what is just (merited or deserved by) by the impartial adjustment (settlement) of conflicting claims. (Note: In a criminal case the claimants are usually the "State" versus a "Person." If its the federal government prosecuting a case of lets say a bank robber, then it would be "The United States" versus "John Doe." In all cases of criminal law, it is the GOVERNMENT prosecuting an individual or group of people.Criminal Justice
The Criminal Justice System is a group of agencies charged with the administration of setting criminal justice claims.
Case law is also called judicial law and is created by the courts from cases decided by the courts at the appeals and Supreme Court levels. Case law serves two purposes; the first is to resolve conflict between various sources of law (city, state, and federal)) and the second is to interpret and clarify the law (some statutory laws created by legislators are confusing, convoluted and unclear). An example of case law would be Miranda v. Arizona, this was a law created by a landmark US Supreme Court case.Case Law
***A key term in case law is called "stare decisis" which means let the decision stand. It is also called the law of precedence and aids in consistency. "Stare decisis" means that future cases can be decided based on previous case decisions.
Substantive laws are written for the typical criminal offender. Substantive laws define the criminal offenses and the possibilities of punishments. This could be by the commission of a crime, the omission of an act that would be a crime and possession - such as drugs or explosives.
This classification of crime is made by the possibility defined by punishment.
1. Infancy is a state of being young. Children and young persons are not criminally liable if they are a certain age because they cannot form the intent necessary to convict them.
Is another defense in which a person is not capable of forming intent.
The problem in most states is how we define who is and who is not INSANE.
The most famous example of the insanity defense is called the M'Naghten Rule derived from an 1843 murder case of Daniel M’Naghten who tried to kill the prime minister, Robert Peel, but instead killed his secretary.
In early 1960’s, the American Law Institute (ALI) included insanity standard in its Model Penal Code (MPC). Also known as the substantial-capacity test.
The irresistible impulse test states the defendant knew his or her actions was wrong but must show they were unable to resist the urge to commit the crime.
Coercion/Duress means that you are forced to committing a crime by another person.
Self-Defense - A person is privileged to use such force as "reasonably" appears necessary to defend himself/herself or others.
Necessity - A person has the choice of two evils, either violate the law or something worse could happen.