Briefly explain the three elements that must be proven by a defendant to establish the insanity defense
What will be an ideal response?
To establish the insanity defense, the defendant must prove that:
• At the time of the conduct charged The mental state of the defendant when the offense occurred is the focus of the test. His mental state before or after the criminal act is relevant only as it assists in understanding his mental condition when the crime occurred.
• As a result of severe mental disease or defect The defendant must have been suffering from a severe mental disease or defect. Such an abnormal mental state may have been the result of a psychological or physical affliction of the brain. The level at which such a condition becomes "severe" has yet to be clarified by court decisions.
• He did not know his conduct was wrong Defendant must have lacked a complete awareness of the wrongfulness of his behavior. In general, the understanding of the wrongfulness of the conduct relates to the fact that the conduct is unlawful.
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In determining whether or not sexual harassment has taken place, the Circuit Court in 1991 applied which of the following standards?
a. Abusive work environment b. "Reasonable woman" c. Professional ethics d. Consensus of opinion
How does the Department of Defense fit into DHS?
What will be an ideal response?
Unlike most civil litigation courts, family courts have been slow to embrace technology in the courtroom. State rules typically permit all but which of the following?
A. Judges taking notes on laptops B. Clerks using computers and printers C. Cell phones recording pictures and videos D. Attorneys using wireless laptops or pads
Which organization is viewed as to have set the stage for modern terrorism?
a. ETA b. IRA c. LTTE d. PKK