What are the various tests used for the insanity defense

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Reference no: EM13868779

Part A:

1. Offer an example of a justification-based defense other than self-defense. Discuss the concepts of self-defense, defense of the home, and defense of property. Louisiana and a few other states have a law which some have termed as a "make my day" law, which allows deadly force to be used solely to protect property. In other words, you could shoot someone you observed trying to steal your car. Are these laws wise? Why or why not?

2. Locate a news story or informational web site about animal abuse and neglect and comment on it. How should we punish animal abuse? Animal neglect? Should it be a felony? Under what circumstances?

Part B:

1. What are the various tests used for the insanity defense? Which one do you believe is best for the courts to apply? Why?

2. Offer an example of two excuse based defenses. Read "Criminal Law in the News" on page 178. Offer or obtain an example of an excuse-defense that strikes you as silly, absurd, inappropriate, outrageous, etc. Has our system gone overboard in allowing these defenses? Why or why not?

3. Locate a news story or informational web site about hate crimes, and comment on the story. How should we punish hate crime? What are the Constitutional issues with hate crime laws? Should it be a felony? Under what circumstances?

4. Review the stories about three controversial homicide cases in the course content for this week. What level of homicide charge is appropriate? Why?

5. Discussion about domestic violence and the law. Should domestic violence be punished as a separate crime or within existing assault laws? What about stalking? Explain. Should prosecutors press criminal charges in these cases if the victim is unwilling? Why or why not?

6. Drunken driving and alcohol-related traffic offenses. Obtain a news story or visit an informational website about DWI and the criminal law. How should DWI be punished? What priority should be placed on its enforcement? Why?

7. Do you agree that today's society is "over criminalized?" That is, do you believe that there are too many laws regulating society's behavior? If yes, please give examples of such laws and state why you believe they hurt society. If you do not feel that way, explain why you believe those concepts.

8. Locate a news story about identity theft and comment on it. How prominent of an offense is identity theft? How should it be punished? What can be done to reduce the occurrence of this offense?

Part C:

1. What areas of the criminal law are most in need of reform? If you could change any single thing about the substantive criminal law, what would it be and why?

2. Ddiscusses the rights of victims in the criminal justice system. Should the system place a higher priority on the rights of victims? Why or why not?

Reference no: EM13868779

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