Proof of a diminished mental capacity

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Question: LIGHT OF the arguments raised by Prof. Sanford Kadish, and by Professors Thomas Nagel, Michael Davis, and David Lewis, you are asked (1) first, to indicate the reasons why, in your judgment, our hero Ethan Hawley, the protagonist and narrator of Steinbeck's classic The Winter of our Discontent (1961) is deserving of criminal punishment for his attempt to rob a bank, and (2) second, to indicate the reasons why, in your judgment, Ethan is deserving of a substantially lesser penalty simply because, at the final instant before carrying out his carefully laid plan. For example, and how, might his defense counsel raise an affirmative defense of temporary insanity, or perhaps mitigate the penalty by offering proof of a diminished mental capacity? Some might belief that he deserves no punishment after all, but in that event, they are obliged to clearly state their reasons.

Reference no: EM133302181

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