Week 2 Assignment
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National University College *
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Law
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Jan 9, 2024
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docx
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Week 2 Assignment
Student Name: Steven Davis
Courts overwhelmingly hold that amnesia of criminal acts brought on by drugs or alcohol does
not render a defendant mentally incompetent to stand trial. Why is that? When could amnesia
result in a determination of incompetence? See Gonzales v. State, 313 S.W.3d 840 (Tex. App.
2010), cert. denied 131 S. Ct. 921 (2011).
Courts overwhelmingly hold that amnesia of criminal acts brought on by drugs or alcohol does
not render a defendant mentally incompetent to stand trial. Why is that?
In Gonzales v. State, the appellant shot and killed a victim while they were celebrating
graduation. throughout the criminal appeals process. The appellant contended that he was
inebriated at the time of the occurrence and that he does not remember what happened during the
criminal conduct because of amnesia from the aftereffects of alcohol consumption due to his
alcohol and drug addiction. The judge came to the conclusion that the appellant is not
incompetent since his stated incapacity to remember the events leading up to the offense did not
impair his ability to think logically. As stated in the definition above, amnesia is a mental illness
that causes a person to lose the ability to remember things as they happened. On the other hand,
losing knowledge does not diminish a person's capacity for reason, which makes them more
adept at managing their behaviors and conduct.
When could amnesia result in a determination of incompetence?
The offender was also aware of the physiological effects the toxicant was having on him and
how that would put onlookers in danger. He might have refrained from doing drugs during the
commencement ceremony as a result. The criminal was of sound mind and knew beforehand
how the toxicant would affect his behavior and physical state. He, on the other hand, ingested the
poison voluntarily and free from coercion or other forms of pressure. This proves that the
offender had good grounds before committing the crime. Being inebriated voluntarily is not a
defense under criminal law.
2.
Defendant and another person extorted money from a former married lover of the
defendant by threatening to disclose the previous sexual relationship to the victim’s wife. At her
trial, defendant asked for an instruction on the defense of duress, claiming the other person
threatened to kill her if she didn’t cooperate in the extortion scheme, which lasted several
months. The trial judge refused to give the instruction. Why not? Was the judge correct? See
United States v. Nwoye, 663 F.3d 460 (C.A.D.C. 2011).
The trial judge refused to give the instruction. Why not?
It is evident from the evidence presented to the jury that the reasons used to determine the case's
outcome were insufficient to reach a satisfactory conclusion. The defendant's allegations in the
case were not supported by his or her arguments. Since the law is relevant in this case, any
decisions taken must continue to be relevant in light of the evidence and the case that is being
tried. Rumors would not support the accused's argument because the trial judge would base his or
her conclusions only on the proof.
The trial judge was required to scrutinize a crucial aspect of a
criminal trial in light of many issues.
Was the judge correct?
The trial judge had the authority to allow the requested inquiry if it was pertinent and had no
bearing on the hearsay arguments rather than the facts at hand, hence the judge was right. The
court had every legal justification to find the defendant guilty since the arguments demonstrated
his intention or sense of guilt. The judge was unable to react right away since the directions were
unclear. The court was correct to decline to respond to the defendant's remarks or requests since
doing so would have resulted in a legal misstatement. The trial judge was not qualified to answer
this question because it had to be resolved by the law and required application of legal theory. In
this instance, the steps directions are not given.
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