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Do Now. Place a + next to a statement that you agree with, an OK next to a statement that partially agree with, and a – next to a statement that you disagree with. Insanity pleas should be used for individuals with a history of mental illness .
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Do Now • Place a + next to a statement that you agree with, an OK next to a statement that partially agree with, and a – next to a statement that you disagree with. • Insanity pleas should be used for individuals with a history of mental illness. • Insanity pleas are overused by people trying to get off easy. • Insanity pleas are most often used in murder cases. • People found insane should spend equal or more time in a psychiatric hospital than they would have spent in jail.
Andrea Yates Case • Newsclip
Competency To Stand Trial • Mental state at time of trial • Basically, does the defendant know the charges?
Insanity Plea • Mental state at the time of the crime itself • Most states use the M’Naughten rule.. • Woodcutter that tried to kill the prime minister • Found he did not know what he was doing so he didn’t know it was wrong • Aka the right/wrong test • *Montana, Idaho & Utah don’t allow the insanity defense at all*
Guilty but mentally ill (GMI) • Doesn’t eliminate insanity defense • Just an alternative for defendants who are clearly mentally ill, but whose illness is not severe enough to relieve him of criminal responsibility • Same sentencing as if guilty • Goes to treatment for duration of sentence • If “cured” before then, goes back to jail until term is up
With a Partner… • Make a chart on a piece of paper
Andrea Yates.. Two Sides • Each partner will read a different article about Andrea Yates • Opposing opinions • While reading, fill in the chart: • Arguments for the insanity plea • What cases do they use to support their arguments? • (Each side should have at least 5)
With a Partner… • Make a chart on a piece of paper