a defendant who is found not guilty by reason of insanity is almost always This is a topic that many people are looking for. bluevelvetrestaurant.com is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, bluevelvetrestaurant.com would like to introduce to you What Does . Following along are instructions in the video below:
Music hey everybody im ben bowlin. Im ben bowlin. Together and todayss question is this is something that we hear all the time in tv.
And film. Someones lawyer says. Oh.
Well they didnt do it because theyre crazy. But usually the explanation in the tv shows is a little bit more mysterious. We dont know exactly by what definition they are arriving at this or what means theyre using to decide if somebody really is hello insane.
And theres a difference here between insanity and mental illness. But how do the courts conclude this and what are the problems with figuring out if somebody is legally insane. Why would being mentally ill excuse someone from criminal guilt.
How is a jury of non experts or non mentally ill people qualified to figure if somebody is mentally ill and then third what sort of mental illness what degree of mental illness constitutes actual insanity and then fourth and probably the most difficult is how can we prove that someone is or was insane.
Its tricky you know yeah those are great concerns and as we said theres a difference here between mental illness and insanity mental illness is a legit psychiatric disorder. Whereas insanity is sort of a cultural concept in a us court of law mental illness and insanity may be related. But they are by no means synonymous and this applies in courts.
In some other countries as well mental illness. At the time. A crime is committed is a prerequisite of not guilty by reason of legal insanity.
But legal insanity itself is a little bit different somebody has to meet three conditions before they are found to be legally insane right yes. One if they have a mental illness such that they did not know what they were doing was illegal or two if the mental illness was such that he or she just did not know what they were doing at all and then three and this ones a little bit frightening he or she felt like they were compelled to do this by an irresistible force. So then why is a person who actually committed these crimes somehow not guilty of them well it all goes back to when the fundamental tenets of the us justice system.
Which is intent you have to intentionally commit a crime to be found guilty of it so for example if you accidentally bump into someone and they fall on the ground and injure themselves. Its going to be looked at differently than it would if you walked up to a person stepped on their foot pushed them or punched them you know if you intentionally meant to hurt them and the idea of a mental illness skewing the perception of reality such that a person doesnt actually understand the reality of what theyre doing is central to the idea of this defense. The intent to commit the crime is not there right so to bring it all back around to prove legal insanity.
The defense team has to do two things first they have to have expert.
Testimony proving the defendant is mentally ill second they have to also explain how this mental illness removed the defendants ability to reason to understand what they were doing or to do it intentionally so the jury is not actually deciding whether the defendant is insane or mentally ill. What they are deciding instead is whether the expert testimony has proven this mental illness or insanity. And whether or not that means that the defendant really did not intentionally commit the crime.
This means that mental illness by itself is not really a legal defense. If someone is mentally ill and they intended to commit a crime or that they jury rules that they still intentionally did this illegal act. Then theyre still going to be guilty.
So thats it thats how not guilty by reason of legal insanity works. When it does together thanks so much for watching. If you have any other questions.
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I think that went well electronic music. .
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