With the known information regarding Mr. Howard’s actions, behaviors, and thoughts, it appears that he displays symptoms that correspond to that of a Major Depressive Disorder. Thus, I believe that Howard cannot be held responsible for his crimes because since he suffered from a mental disorder during the incident, such condition impaired his ability to truly appreciate the illegality of the act that he was committing and disabled his ability to resist and control his impulse to comply with the law. For these reasons, under the American Legal Institute Rule, Mr. Howard is legally insane and therefore not guilty by reason of insanity.
Diagnosing Mr. Howard
Being in a consistent depressed mood and losing interest in routine activities are major
…show more content…
198). As discussed previously in this essay, Howard has many evident and consistent symptoms associated with a Major Depressive Disorder. This type of disorder qualifies legally as a mental disease since not only is it a condition that affects the way a person feels, thinks, and behaves but also because it is a disorder that is located in the DSM V (Schreiner, 2014, p. 1). Additionally, based on the ALI, legal insanity does not require to have a complete lack of appreciation of the act but just for the most part (Howard, 2014, p. 199). Because Howard was agitated and could not sit still during his arrest, this signifies that he had no pleasure whatsoever of the illegal act he had just committed. Also, it is not necessary for him to display a strong disability in his judgment. Because Howard’s severe depression makes him easily irritated, Stacy’s defensive push could have easily annoyed and angered him enough to make him lose control of his actions and disabled his ability to make the appropriate judgment to walk away. Furthermore, the ALI’s conformity of the law is synonymous to that of the impulse test in that even though the person is aware of his crime and why it is wrong, they could not be responsible for the crime since they could not resist or control their impulse to stop themselves of committing the wrongful act (Howard, 2014, p. 199). Although Howard admitted to his cellmate that he knew that rape was wrong, he also confessed that he inexplicably “had” to. ALI focuses on Howard’s appreciation of the crime or his inability to follow the law due to lack of control and resistance to the need rather than his awareness of what is right from
Mental health and the criminal justice system have long been intertwined. Analyzing and understanding the links between these two subjects demands for a person to go in to depth in the fields of criminology, sociology, psychology, and psychiatry, because there are many points of view on whether or not a person’s criminal behavior is due to their mental health. Some believe that an unstable mental state of mind can highly influence a person’s decision of committing criminal actions. Others believe that mental health and crime are not related and that linking them together is a form of discrimination because it insinuates that those in our society that suffer from poor mental health are most likely to become a criminal due to their misunderstood behavior not being considered a normality in society. In this report I will go into detail of what mental health and mental illness is, what the differentiates a normal and a mentally unstable criminal, give examples of criminal cases where the defendant’s state of mind was brought up, introduce theories surrounding why one would commit crimes due to their mental health, and lastly I will discuss how the criminal justice system has been modified to accommodate mental health issues.
v. Hinkley is a landmark case when it comes to the psycholegal issue of criminal responsibility, or mental state at the time of the offense. John Hinkley Jr. was a man who attempted to assassinate President Ronald Reagan. He became obsessed with the movie Taxi Driver and an actress in the movie, Jodie Foster. He began to take on the persona of the taxi driver in the movie, who had contemplated political assassination. He wrote a letter to Jodie Foster before the attempted assassination stating that he was doing this in hopes to impress her. He was found not guilty by reason of insanity on all counts. (Linder,
For this assignment we are asked to research the chosen diagnosis that was selected back in Module 1 for this course. For the paper the chosen diagnosis was Major Depressive Disorder. By utilizing a minimum of five sources we are asked to answer the following questions. We are asked to describe the selected disorder, we also need to identify the DSM-IV-TR diagnostic category and as well as distinguish diagnostic and commonly used terminology. We then are asked to give the causative factors, the diagnosis, and the treatment of the disorder. Last we are asked to provide a survey of current research on this chosen disorder. (Argosy University, Module 3, 2014)
Major Depressive Disorder or MDD is a very common clinical condition that affects millions of people every year. According to the Agency for Health Care Policy & Research, “ depression is under diagnosed & untreated by most medical doctors, despite the fact that it can almost always be treated successfully.
There can be many excuses one uses to justify a single murder. Some may blame self-defense, an act of vengeance, or even an accident. A serial k...
Depression is one of the most prevalent mental health conditions in the U.S. that affects, men, women, teens and even the elderly. Most of the time depression goes unrecognized or even untreated. It may be normal for people to experience feelings of sadness or anger for short periods of time. Usually this may last a few days due to temporary circumstances that may happen in an individual’s life, but if these feelings occur for an extended period of time, it may be a sign of major depression. Bipolar disorder may be confused with major depression. An individual having recurring depression and mania for an extended period differentiates bipolar disorder. As a healthcare professional, it is important to educate individuals and their families who have a mental health illness so that they can pay attention to important cues so that they can be addressed properly. This case study refers to a female patient diagnosed with bipolar disorder. The Diagnostic and Statistical Manual of Mental Disorder (DSM-V) is a publication/diagnostic tool, used by healthcare professionals to diagnose mental disorders (Psychiatry Online, n.d) Bipolar disorder may be confused with major depression. Bipolar disorder is differentiated by an individual having reoccurring depression and mania for an extended period of time. These episodic mood shifts can lead to excessively elevated or irritable mood. Many believe that this disorder can lightly stem from a combination of genetic and non-genetic factors (WebMD, 2014). According to statistics, the average onset for bipolar disorder is in the mid-to late 20s, but over the years the average age has been decreasing. The prevalence of bipolar is approximately 2.6% in the population at large with 82.9% of these cases cl...
This paper introduces a 35-year-old female who is exhibiting signs of sadness, lack of interest in daily activities and suicidal tendencies. She has no interest in hobbies, which have been very important to her in the past. Her lack of ambition and her suicidal tendencies are causing great concern for her family members. She is also exhibiting signs of hypersomnia, which will put her in dangerous situations if left untreated. The family has great concern about her leaving the hospital at this time, fearing that she may be a danger to herself. A treatment plan and ethical considerations will be discussed.
Beasley, James. 2004. “Serial Murder in America: Case Studies of Seven Offenders.” Behavioral Sciences and the Law 22: 395-414
“Couch suffers from “affluenza,” according to his lawyer. Which means that his wealthy parents pretty much let him get away with everything,” explains the Time article (Grey). In 2013 Keller, Texas a sixteen year old teen Ethan Couch, was driving drunk, passed the speed limit and crashed, causing four innocent deaths. Judge Jean Boyd, was going to give him 20 years in states custody but Couch’s attorney told Judge Jean Boyd, Couch did not know the difference from right or wrong and was able to convince Judge Boyd to only give him 10 years in rehab; in which the parents were willing to pay 450,000 a year for treatment. The rehab center was like a spa or a 10 years vacation. Many people are angry because they are abusing insanity defense and should be tested. Some people don’t care and just want freedom of thoughts. Although insanity defense is sometimes abused, it is a justifiable alternative to prison.
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
A young man accused of murdering an old man has been found mentally competent to stand trial in Brookvale on murder charges. Albert Winston was arrested yesterday after he told the police officers that he killed an 87-year-old man named Drew Reid, by suffocating him with a heavy mattress. The neighbours called the police as they heard a shriek coming from Drew's house. 4:00 a.m., the police inspected the house and consequently, Albert admitted to allegedly killing the old man as well as buried his body under the lonely floor boards. Moreover, Albert stalked Drew for seven nights straight. For the reason being that Drew's glass eye is like a vulture's, Albert killed
With murder charges of fifteen people, cannibalism, and necrophilia hanging over his head, Jeffery Dahmer plead not guilty by reason of insanity. Since Dahmer was a child he had shown withdraws and avoidance of society. He had a habit of collecting dead animals, and he would dissect, dissolve them in many different ways. When Dahmers plea of insanity was rejected by the court, he was then charged with fifteen counts of murder (Yoong). Many believe that when Jeffrey Dahmer 's plea was rejected that it was the end of anyone using, but that isn’t the case. It is used quite rarely, but it is still in use. In all reality, the insanity plea should always be rejected. The only way it should be allowed is if the criminal is fully innocent. “The insanity
When the definition of a crime consists of only the description of a particular act, without reference to the intent to do a further act or achieve a future consequence, we ask whether the defendant intended to do the proscribed act. This intent is deemed to be a general criminal intent. When the definition refers to defendant's intent to do some further act or achieve some additional consequence, the crime is deemed to be one of specific intent. The essential distinction is thus between the intent to commit an act (general intent) and the intent to produce a consequence or specific intent. ( Keiter, Mitchell, 1997). These terms describe the marriage between an offense's mental status and its physical actions. Physical actions, often in terms of conduct and circumstances and the ensuing results are the building blocks of the criminal statutes. Vehicular homicide where alcohol is a factor is a prime example. First, driving the car is the action or conduct. Being under the influence of alcohol or other intoxicate is the attended circumstance and lastly causing the death of another person is the result of the conduct. The offender's mental status is often used in defining elements of the offense. These could include purposely, recklessly or knowingly engaging in behavior that could include criminal negligence. Mental states do not exist in
There are two theories that justify punishment: retributivism according to which punishment ensures that justice is done, and utilitarianism which justifies punishment because it prevents further harm being done. The essence of defences is that those who do not freely choose to commit an offence should not be punished, especially in those cases where the defendant's actions are involuntary. All three of these defences concern mental abnormalities. Diminished responsibility is a partial statutory defence and a partial excuse. Insanity and automatism are excuses and defences of failure of proof. While automatism and diminished responsibility can only be raised by the defendant, insanity can be raised by the defence or the prosecution. It can be raised by the prosecution when the defendant pleads diminished responsibility or automatism. The defendant may also appeal against the insanity verdict. With insanity and diminished responsibility, the burden of proof is on the defendant. With automatism the burden of proof is on the prosecution and they must negate an automatism claim beyond reasonable doubt.
Insanity, automatism and diminished responsibility all play a significant role in cases where the defendant’s mind is abnormal while committing a crime. The definition of abnormal will be reviewed in relationship to each defence. In order to identify how these three defences compare and contrast, it is first important to understand their definition and application. The appropriate defence will be used once the facts of the cases have been distinguished and they meet the legal tests. The legal test of insanity is set out in M’Naghten’s Case: “to establish a defence…of insanity it must be clearly proved that, at the time of committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong.” To be specific, the defect of reason arises when the defendant is incapable of exercising normal reasoning. The defect of reason requires instability in reasoning rather than a failure to exercise it at a time when exercise of reason is possible. In the case of R v Clarke, the defendant was clinically depressed and in a moment of absent-mindedness, stole items from a supermarket...