Review the Electronic Reserve Readings for Week Five, located on the student website. In your reading, A Matter Over Mind, the author presents the case of a young man who shoots and kills a police officer. The case argues a defendant's constitutional right to use the insanity defense and the amount of leeway provided to prosecutors.
- What is the difference between mental illness and insanity? (Hint: What is the important second prong of the McNaughten rule?)
- The McNaughten rule cannot be used to defend the actions of a person who drinks alcohol and then murders someone. Why not?
- Identify each of the following:
- Rational and guilty
- Guilty but insane
- Not guilty by reason of insanity
- If you were deciding this case, how would you rule? Briefly explain your decision.