1) Pretend you live in a state that allows a finding of \"guilty but insane\" or
ID: 386726 • Letter: 1
Question
1) Pretend you live in a state that allows a finding of "guilty but insane" or "guilty but mentally ill," make an argument for why such a finding should not be allowed. Now pretend you live in a state that does not allow such a finding, make an argument for why it should be allowed.2) Benjamin Franklin's quote, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety," Do you agree or disagree with this quote? Why?
3) Are there any situations where it might be permissible or even necessary to hold a US citizen in custody without recourse to the judicial system? If so, what are some examples of those situations. 1) Pretend you live in a state that allows a finding of "guilty but insane" or "guilty but mentally ill," make an argument for why such a finding should not be allowed. Now pretend you live in a state that does not allow such a finding, make an argument for why it should be allowed.
2) Benjamin Franklin's quote, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety," Do you agree or disagree with this quote? Why?
3) Are there any situations where it might be permissible or even necessary to hold a US citizen in custody without recourse to the judicial system? If so, what are some examples of those situations. 1) Pretend you live in a state that allows a finding of "guilty but insane" or "guilty but mentally ill," make an argument for why such a finding should not be allowed. Now pretend you live in a state that does not allow such a finding, make an argument for why it should be allowed.
2) Benjamin Franklin's quote, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety," Do you agree or disagree with this quote? Why?
3) Are there any situations where it might be permissible or even necessary to hold a US citizen in custody without recourse to the judicial system? If so, what are some examples of those situations.
Explanation / Answer
Guilty but Insane is a finding that the defendant is not res[ponsible for his criminal act due to an episodic psychiatric disease at the time of crminal act. In this case the defendant can easily escape of the criminal act in which he is indulged based on his psychiatric state.
First Scenario
The finding " Guilty but Insane" should not be allowed because many of the criminals simply escape from the criminal offense by giving a shear excuse of mental state. If a person is not mentally sound , he cannot commit serious crimes like rape or stealing. Still if he performs the same, he should be punished. The criminals cannot escape the punishment simply by stating that he is not mentally sound. Otherwise people would lose their trust on the law and order. Moreover, a recent example of a rape case where an insane rapes his aunt and got escaped because of his mental should not be entertained. If a person has a sense of doing a crime such as rape , he cannot be insane.
Second Scenario
The finding " Guilty but Insane" should be allowed as the insane people dont have any sense and cannot differentiate between right and wrong. It would provide equality to the critical cases where the defendant is insane and does the crime unknowingly. A rapist who is insane or if an insane steals something, he actually doesnt have any sense to distinguish what is right and wrong and has committed crime unknowingly. So the defendant should be spared based on his mental state and should not be given any harsh punishment because of their mental state.They should be punished in a milder approach in order to make them realize their mistake but the punishment should not be harsh.
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