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The Insanity Defense: It’s Not What You Think
Loaded on Jan. 19, 2018
by Christopher Zoukis
published in Criminal Legal News
February, 2018, page 16
Filed under:
Public Defenders,
Sentencing,
Overdetention,
Mental Health,
Criminal Procedure.
Location:
United States of America.
by Christopher Zoukis
In the American criminal justice system, a defendant who commits a crime while “insane” cannot be held legally responsible for that crime. In such cases, legal guilt is not established, and the defendant may not be punished. Instead, a defendant who is found not guilty by reason ...
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More from this issue:
- Secret ATF Slush Fund Dispensed Millions, by Christopher Zoukis
- Ohio Supreme Court: Dismissal Without Prejudice Is a Final and Appealable Order, by Dale Chappell
- The Fair Punishment Project Details an “Epidemic of Brady Violations”, by Christopher Zoukis
- Misdemeanor Defendants Facing Jail Time Not Told They Have a Right to Counsel, Bar Association Finds, by Topher Sanders
- Cryptocurrency Leveraged to Help People Make Bail, by Derek Gilna
- What Is the Number One Duty of a Police Officer?, by Christopher Zoukis
- Deaths From Police Shootings Outstrip Deaths From Terrorists Attacks, Wars, by Derek Gilna
- Massachusetts Breathalyzer Malfunctions, Evidence Withheld
- Fifth Circuit Vacates Sex Offender Supervised Release Conditions, by Mark Wilson
- Eighth Circuit Reverses Convictions Due to Constructive Amendment of Charges, by Mark Wilson
- Louisiana Prosecutors’ Traffic Ticket Industry Diverting Funds From Public Defenders, by David Reutter
- “My Phone Was My Life”—Challenging Warrantless Border Searches of Devices, by Dale Chappell
- Fourth Circuit Vacates Brady Claim Denial in Capital Case and Rebukes Prosecutors, by Richard Resch
- 10th Circuit Suppresses Evidence Based on Overbroad Protective Sweep Under Buie, by Richard Resch
- Georgia Hearsay Admissible Under Co-Conspirator Exception, by Mark Wilson
- Kentucky Supreme Court Clarifies Adoptive Admission Exception to Hearsay Rule, by Christopher Zoukis
- Colorado Supreme Court: Criminal Defendant Seeking to Fire Paid, Retained Counsel for Court-Appointed Counsel Need Not Show Good Cause, by Christopher Zoukis
- North Dakota Supreme Court: Warrantless Urine Test Incident to Arrest for DUI Is Unconstitutional Search, by David Reutter
- Compensating the Exonerated: State Laws Are Arbitrary and Senseless, by Christopher Zoukis
- Oregon Court Vacates Order Refusing to Seal Arrest Record, by Mark Wilson
- Vermont Guilty Plea Requires Defendant to Personally Acknowledge Factual Basis for Each Element of the Offenses Charged, by Mark Wilson
- More Than Half of 2015 Police Killings Not Properly Documented in Government Data, by Christopher Zoukis
- Massachusetts High Court Vacates OUI Conviction for Improper Jury Instruction in Which Judge Told Jury to Disregard the Absence of Any Sobriety Tests, by Christopher Zoukis
- 50 Alabama Cities Reform Bail Practices for Poor, by David Reutter
- Eighth Circuit Upholds Warrantless Search of Cellphone Owned by Person on Supervised Release Due to Diminished Expectation of Privacy, by Mark Wilson
- Government Attempt to Shoehorn Union Activity into Hobbs Act Violation Rejected by First Circuit, by Christopher Zoukis
- 11th Circuit Rules Counsel Deficient for Failing to Challenge “Usable” Amount in Drug Case, by David Reutter
- Washington Supreme Court Grants Full Evidentiary Hearing for Civilly Committed SVP, by Mark Wilson
- In Historic Move, 15 Cases Related to Crooked Chicago Cop Thrown Out, by Christopher Zoukis
- Oregon Supreme Court Rules Warrantless Entry Into Home in Effort to Obtain Nonconsensual BAC Evidence Not Exigent Circumstance, by Mark Wilson
- Ohio Supreme Court Holds Exclusion of Evidence Inappropriate Remedy for Violation of Knock-And-Announce Principle Where Search Warrant Issued, by Mark Wilson
- Georgia Supreme Court Reverses Armed Robbery Conviction, Defendant Lacked Dominion, by Dale Chappell
- Oregon Court of Appeals Rules Defendant’s Motion to Suppress Satisfied Uniform Trial Court Rule 4.060(1)
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- Second Circuit: Arrest for Not Leaving Sidewalk Entitled to Qualified Immunity, by Mark Wilson
- New York Court of Appeals: Criminal Trial Judge Cannot Also Be Sole Appellate Judge
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- $44.7 Million Awarded to Man Shot by Intoxicated Chicago Police Officer With Troubled History, by Derek Gilna
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- From the Editor, by Richard Resch
- Eighth Circuit: Illinois Burglary Conviction Not Valid Predicate Offense for ACCA Purposes
- News in Brief
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More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- Oregon DOC Investigation Puts Top Medical Officials on Leave, Feb. 15, 2025. Systemic Medical Neglect, Malpractice, Staffing, Mental Health, Official Investigation.
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025. Overdetention, Search and Seizure, Pending Appeal/Sentencing, Dismissal.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- Mentally Incompetent Maine Defendants Sent to South Carolina Wellpath Lockup Called “Essentially Prison”, Jan. 15, 2025. Private Contractors, Bankruptcy, Mental Health, Involuntary Treatment/Drugging.
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024. Medical, Wrongful Death, Mental Health.
- Kentucky’s Failure to Timely Release Prisoners Costs Taxpayers $30 Million (So Far), Dec. 15, 2024. Cost of Prison Systems, Overdetention, Post-release, ex-offender, re-entry.
- New York Court of Appeals (Lightly) Slaps State Prison Officials for Holding Sex Offenders Past Release, Dec. 15, 2024. Jail Misconduct, Overdetention, Post-release, ex-offender, re-entry.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- Former Virginia Prisoners Win Back Denied Sentence Credits, Sue Over Delayed Release, Nov. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- Unequal Before the Law, Oct. 15, 2024. U.S. Sentencing Guidelines, Overdetention.
