Does the evidence support a defense of insanity

Assignment Help Other Subject

Reference no: EM133500199

Question: On a Friday afternoon, Joseph James left his apartment to go camping with friends. When he returned two days later, he found David Daniel in his apartment. Daniel was wearing James's clothes and cooking his food. James called the police, who arrested Daniel for burglary.

You are an assistant to the defense attorney who has been appointed to represent Daniel. Upon learning that Daniel has a long history of psychotic illness, including at least 10 occasions of hospitalization for treatment, the attorney arranged for a psychiatrist to interview Daniel. According to the psychiatrist's report, Daniel had been released from the most recent hospitalization with no place to go. He began to believe that his "guardian archangels" had "found some property" for him and that they "directed" him to James's apartment. When he found the door unlocked, he believed that was a "signal" that he owned the apartment. He entered, rearranged some furniture, destroyed some artwork that he believed was "not proper," and put on James's clothes. When the police arrived, Daniel insisted to them that he owned the apartment.

The defense attorney has asked for your advice regarding how to proceed with Daniel's defense. In this jurisdiction, insanity is defined in terms of M'Naghten; all other penal code provisions follow the common law. Does the evidence support a defense of insanity? Are there any other defenses that the defense attorney should consider? What advice would you give the defense attorney?

Reference no: EM133500199

Questions Cloud

Explore the analysis of the implications : explore the analysis of the implications on the fourth amendment in regards to warrants and magistrates.

Define the term review of literature : Define the term 'Review of literature', how is it different from traditional meaning? Enumerate the objectives and significance of review of literature.

How may a plaintiff respond to affirmative defenses : What is the penalty for claiming insufficient information to form a belief in the answer simply to avoid the work of investigation

What was one good thing or one challenge you experienced : What are the most important concepts you learned and how does it apply to your life? What was one good thing OR one challenge you experienced?

Does the evidence support a defense of insanity : Does the evidence support a defense of insanity? Are there any other defenses that the defense attorney should consider? What advice would you give the defense

What are three to four criteria that must met for something : What are three to four criteria that must be met for something to fit the definition? Make sure to thoroughly explain and defend your criteria.

How these two core values are integral to the accounting : Indicate in your analysis how these two core values are integral to the accounting profession and in particular their importance in the creation of financial

Do you agree or disagree in whole or in part : Do you agree or disagree in whole or in part with the material? Please do not take the easy route of just agreeing with it

What is the meaning of life : What is the meaning of life? Afterward, provide a short explanation to articulate your reasoning behind your theory. what do you think the meaning of life is?

User Account

All Pages