What is the ultimate issue in an insanity case


Assignment task: Please respond to the following questions based on the readings:

Q1. Mr. Smith has no history of mental illness, but does abuse cocaine. One night, while high on cocaine, he becomes very paranoid and stabs his friend who he thinks (delusionally) is trying to kill him. The next day, when he is no longer high, he realizes that his perception was completely distorted.

Do you recommend Mr. Smith should be found legally insane?

  • If so, why - on what grounds?
  • If not, why not?

Q2. If you were designing the insanity defense, what would you make the standard?   In other words, how should society determine when someone should be found legally insane (and therefore not "guilty" or culpable)?

Q3. In the original Andrea Yates trial in 2002, prosecution expert Dr. Park Dietz testified that he would not testify to the "ultimate issue."  He then testified that Ms. Yates knew the wrongfulness of her actions and reported a list of reasons supporting his opinion.

  • What is the "ultimate issue" in an insanity case?
  • Was Dr. Dietz's testimony "ultimate issue" testimony? Why or why not?

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