mental disease

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University of Phoenix *

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305

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Law

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Feb 20, 2024

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docx

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Uploaded by simarajohnson

1 Mental Disease Made Me Do It Simara Brooks University of Phoenix CJA/305: Criminal Law Chris Manning 04/26/2022

2 Mental Disease Made Me Do It Good morning, ladies, and gentlemen of the court. My name is Brooks, and I am the defense attorney for Stu Dents. We would like to thank you for allowing us to present our case to you today. We are appreciative of your attention throughout this case. We would also like to thank you for listening equally to both sides as promised by you during the selection of the jury panel. I would like to take a few more minutes of your time to propose punishment for my client. My client is mentally ill and agrees to take a test to prove this. At the time of his arrest, he was muttering to himself, talking about aliens and the government, and appeared to be insane while being dragged from his home. The defense is not saying that he is innocent. In fact, my client is taking full responsibility for this crime. However, he was not in his right mind, and had he been, he would not have committed those horrible crimes. We are asking the court to sentence him to do his time in an environment that will help him with his mental disease. This will allow him to get the help that he needs such as medication. Having the appropriate medication allows the defendant to go through the rehabilitation with full understanding. Clark vs. Arizona and the McNaughton case give the defendant the right to show that he “lacked the culpable mental state required as an element of the offenses charged,” Kan.Stat. Ann 21-5209. We are asking the court to give the defendant an insanity test to prove that what happened was only done because of the mental illness. Once insanity has been proven, we are asking for the defendant to serve his punishment in the state prison. Our second proposal would be a plea bargain of guilty for the sentence of life with the chance of probation. With this bargain, we are asking for the removal of the following charges: assault on a police officer, kidnapping, and crimes related to drugs.

3 Intermediate sanctions such as fines, treatment for mental disease, electronic monitoring, and intensive supervision probation is also recommended following the release of the defendant. This will allow the offender, whom will be an ex-offender, to do their part in the community that they reside in, and the chance to do community service to payback the community. The eighth amendment states that excessive bail and excessive fines shall not be required, nor cruel and unusual punishments will be inflicted Sending Stu Dents to a prison where he will suffer even more because of the environment and not getting the appropriate mental health treatment, is cruel and unusual punishment. The McNaughton Rule allows individuals to be committed to a state hospital if they are considered legally insane, and they also cannot be legally found guilty because a.) They do not understand the nature of the crime, and b.) they do know or understand that their actions are morally wrong. Whether it is paranoid delusions, schizophrenia, or another form of mental disorder, it is important to make sure that these offenders are not just punished but that they get the appropriate assistance needed such as medication and rehabilitation. Individuals who have psychiatric diseases such as schizophrenia and bipolar disorder end up in prison for crimes instead on in a hospital bed for treatment (Treatment Advocacy Center, 2018). Individuals with mental disease are ten times more likely to end up in prison then in the hospital. When the insanity defense is used, it is stating that the defendant’s mind was clouded by mental illness during the time of the offense and cannot be said to have the criminal intent required for legal guilt (Dolan, 1984). Pleading not guilty by reason of insanity is an affirmative defense. Some states use the McNaughton test, while others use the irresistible impulse rule, which states that offenders are insane if a mental disorder prevents them from resisting the

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