Insanity Defense

Insanity Defense

The criminal justice system in America is one of the fair systems in the world where anyone will be innocent until proven of guilt. The whole concept of the court system emphasizes how our laws work regardless where we come from and how we look like or healthy or not anyone is entitles of due process. The idea that our justice and court system are fair to anyone on trial due to an arrest by probable cause and sentencing by a verdict guilty and not guilty of the jury. In the case or State v. Stu Dents, where the defendant was accused of killing his former girlfriend. We are going to elaborate how the charge of insanity can be plead in the defense case and in the other hand give some understanding how this plead play a role in the defendant case during the trial and after the trial in some states and particular California.

Criminal law is very important to the criminal justice system. Criminal law states what behavior is criminal and it gives the punishment for each crime. In this document the sources and purposes of criminal law will be discussed. The jurisdiction information will be explained in order to show how it determines where the laws are enforced and created. The differences in the adversarial system and standard of proof within criminal cases will be explored. The differences between criminal liability and accomplice liability will be evaluated. The definitions of inchoate offenses for example, solicitation, conspiracy and contempt will be determined. Also, these terms will be compared to elements of additional criminal offenses.

1. What is competence to stand trial; what is legal insanity? How do they differ?

The three main considerations between the competence to stand trial and legal insanity is the time-frame, the standard, and the procedural. The time-frame is the mental state of mind of the offender at the time the crime was committed. The offender's competency to stand trial depends on his or her mental state at the time of the legal proceedings, not his or her mental state of mind at the time of the crime. The offender can be found not guilty by reason of insanity based on his or her mental state at the time the crime was committed. Competency to stand trial is determined by the offender's current mental state of mind, whereas insanity issues are determined by the offender's mental state at the time of the criminal act.

The second consideration is the standard. The offender's competency is determined by whether he or she can assist in his or her own defense and whether he or she understands the consequences of the criminal proceedings. Federal courts use the M'Naghten test to determine if someone is legally insane.

The third consideration is procedural.