How would the defense go about proving labarres insanity

Assignment Help Other Subject

Reference no: EM132139675

Sheila LaBarre has been accused of murdering two men in New Hampshire. At trial she has admitted the prosecution has enough evidence to prove she killed them and then burned one of their bodies but made a not guilty by reason of insanity plea. She has stated that both men were pedophiles and made statements that she was an angel sent by God to get rid of pedophiles.

New Hampshire's law with regard to insanity in criminal cases uses a two-pronged test to determine whether a defendant is not guilty by reason of insanity. The burden is on the defense to present a case to prove insanity. That is why the defense goes first in an insanity trial, the opposite of a usual trial.

The defense must first show that LaBarre suffered from a mental disease or defect. Then, it must show the murders were a product of that mental disease or defect. Neither "mental disease" or "defect" has been defined by the Legislature or the courts which means it is up to the jury to decide whether the evidence presented about LaBarre qualifies.

How would the defense go about proving LaBarre's insanity under the New Hampshire statute? Under M'Nagthen? Under Durham? Do you think they would be successful? Why or why not?

ADD WORKS CITED:

Textbook Schmalleger, F. (2006). Criminal law today: An introduction with capstone cases (3rd ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.

Reference no: EM132139675

Questions Cloud

Find the probability that he or she owns a surfboard : If a California teenager is selected at random, find the probability that he or she owns a surfboard or a skateboard.

Write an essay on how to process a crime scene : Write at least 2 FULL pages and no more than 3 page essay on how to process a crime scene.

Type of pottery commonly : 1. For this problem, carry at least four digits after the decimal in your calculations. Answers may vary slightly due to rounding.

Confidence interval for the population mean score : Find a 95% confidence interval for the population mean score µ on the "need for closure scale" for all students with a high need for closure.

How would the defense go about proving labarres insanity : How would the defense go about proving LaBarre's insanity under the New Hampshire statute? Under M'Nagthen? Under Durham?

Job interviews and maintains records of the interviews : The personnel office at a large electronics firm regularly schedules job interviews and maintains records of the interviews. From the past records

Find the probability that the committee : In a club with 9 male and 10 female? members, a 4?-member committee will be randomly chosen. Find the probability that the committee contains at least 3 women.

Prioritize the five based on current work-related situation : Write a 1,050- to 1,400-word paper detailing the five you have chosen and their effectiveness.

Compute implied volatility using the black-scholes model : BFF5915 - Hedging Assignment - Based on the option prices, compute their implied volatility using the Black-Scholes model

User Account

All Pages