The Uneasy Entente Between Insanity and Mens Rea: Beyond <i>Clark v. Arizona</i>
نویسندگان
چکیده
منابع مشابه
Clark v. Arizona: diminishing the right of mentally ill individuals to a full and fair defense.
In Clark v. Arizona, the U.S. Supreme Court was faced with two main questions: Does Arizona's insanity defense statute, with its abridged M'Naughten standard, violate the Fourteenth Amendment? And does Arizona case law, with its complete prohibition on the use of mental disease or defect evidence to combat required mens rea elements of a crime, violate due process? In a six-three decision, the ...
متن کاملTwo year's experience under Utah's mens rea insanity law.
The author examined the records of the seven defendants found not guilty by reason of insanity (NGI) under Utah's mens rea insanity law during the first two years of its operation. In all of the cases the attorneys, judges, and experts seemed unaware of the new law or confused about its meaning. Examination revealed that the findings of insanity were negotiated with either ignorance of or indif...
متن کاملCulture, Cloaked in Mens Rea
Proof beyond reasonable doubt of the mens rea or state of mind associated with a particular crime is a requirement for the successful prosecution of all criminal defendants under our system of justice. In the legal jargon, it is part of the prosecution’s prima facie case. Concomitantly, criminal defendants may successfully challenge the case against them on the ground (among others) that the pr...
متن کاملUpdating toxic psychosis into 21st-century Canadian: Bouchard-Lebrun v. R.
For centuries, Anglo-Saxon common law tradition has tended to limit voluntary intoxication as a defense on both mens rea (so-called diminished capacity defenses) and insanity. A new decision by the Supreme Court of Canada has clarified for Canadian jurisdictions whether voluntary substance-induced psychosis is a mental disorder for the purposes of determining insanity. In the United States, the...
متن کاملDeontic Epistemic stit Logic Distinguishing Modes of 'Mens Rea'
Most juridical systems contain the principle that an act is only unlawful if the agent conducting the act has a `guilty mind' (`mens rea'). Different law systems distinguish di erent modes of mens rea. For instance, American law distinguishes between `knowingly' performing a criminal act, `recklessness', `strict liability', etc. I will show we can formalize several of these categories. The form...
متن کامل