Assignment:
Guilty But Insane
For this assignment, you will evaluate criminal justice in selected countries. Since mens rea refers to criminal intent, the concept of guilty but insane sounds like an oxymoron to most people. Chapters the course text discuss international perspectives on criminal law. Find additional credible sources to research criminal intent in Great Britain and Norway. The Daniel McNaughton and Anders Breivik cases might be helpful. These cases are notorious for the guilty but insane defense in Great Britain and Norway.
For your assignment
Assess how criminal intent in these two countries differs from the United States when it comes to an insanity defense.
Describe at least one case in each country (Great Britain, Norway, and the United States) where this defense has been used successfully.
The paper
Must be at least three double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Writing Center.
Required Resource
Text
Reichel, P. L. (2018). Comparative criminal justice systems: A topical approach (7th ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Chapter: An International Perspective
Chapter: An American Perspective on Criminal Law
Recommended Resources
Articles
Baumann, P. T., Brown, J. O., & Subrin, S. N. (1992). Substance in the shadow of procedure: The integration of substantive and procedural law in Title VII cases. Boston College Law Review, 33(2), 211-303.
This article discusses substantive and procedural law in depth and provides an understanding of these law concepts.
Gerdy, K. B. (2000). What is the difference between substantive and procedural law? And how do I research procedure? Perspectives: Teaching Legal Research and Writing, 9, 1-4.
This article discusses the differences in substantive and procedural law. It further discusses how to research procedural laws.
Melville, J. D., & Naimark, D. (2002). Punishing the insane: The verdict of guilty but mentally ill. The Journal of the American Academy of Psychiatry and the Law, 30(4), 553-554.
This article discusses the implications of the guilty but insane and guilty but mentally ill verdicts.
United Nations Office on Drugs and Crime. (2012). Digest of organized crime cases: A compilation of cases with commentaries and lessons learned.
This publication discusses various criminal cases in the United States, Columbia, Italy, and Interpol.
Web Page
PBS. (n.d.). Insanity defense FAQs.
This site will help students understand the insanity defense and what exactly the insanity defense means.