This form is a sample letter in Word format covering the subject matter of the title of the form.
Pleading For Insanity In Franklin
Category:
State:
Multi-State
County:
Franklin
Control #:
US-0018LTR
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Word;
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FAQ
With the M'Naghten rule, a defendant is deemed to be legally insane if he or she was unaware of what he or she was doing when the offense was committed or, even if the defendant knew what he or she was doing, that defendant was incapable of understanding that what they were doing was wrong.
Insanity. n. mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Insanity is distinguished from low intelligence or mental deficiency due to age or injury.
The M'Naghten test seeks to determine whether the accused person knew the nature of the crime he or she is alleged to have committed, or understood right from wrong at the time it was committed. This is the most widely used test for criminal insanity in the United States.
The M'Naghten test seeks to determine whether the accused person knew the nature of the crime he or she is alleged to have committed, or understood right from wrong at the time it was committed. This is the most widely used test for criminal insanity in the United States.
There are several tests for insanity throughout various U.S. jurisdictions: (1) the M'Naghten rules, the irresistible impulse test, the New Hampshire or Durham test (the product test), and the test recommended by the American Law Institute's Model Penal Code.
The four prominent insanity standards– the M'Naghten Rule, the Irresistible Impulse (II) Test, the Durham Rule, and the Model Penal Code– vary from state to state depending on a state's criminal laws and respective criminal justice system 3.
1 In this paper, we show that a diagnosis of psychopathy will generally not indicate that a defendant is eligible for an insanity defense. This is because the group of individuals subsumed under the diagnosis is so heterogeneous that many psychopaths are not incapacitated in a way relevant to responsibility.
Indeed, recent research on the relationships between intelligence measures and the Psychopathy Checklist Revised (PCL-R: Hare, 2003) indicates that the association is generally weak, and Hare and Neumann (2008) concluded that there is little reason to believe that psychopathic individuals possess superior intelligence.
Psychopathy is a personality construct that encompasses a constellation of traits reflecting emotional dysfunction and antisocial behavior. This constellation has consistently been linked to poor decision-making, often focused on personal and monetary gains at the others' expense.
