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After completing the required reading and reviewing the Supplemental materials,
After completing the required reading and reviewing the Supplemental materials, research the below legal topics and thoroughly discuss them:
Legal Insanity
Incompetent to stand trial
Mental disorders
Common Legal Defenses
1. Describe each of the above legal concepts.
2. How does the legal notion of insanity differ from incompetent to stand trial?
3. How is legal insanity and competency to stand trial assessed? Define the process a court uses to have a defendant evaluated.
a. How might defendants, who are truly incompetent, best be distinguished from those who are “faking it?”
4. Locate a current case or event where someone has used a defense that is a “spin-off” of an Insanity defense or has successfully argued they were incompetent to stand trial. Summarize the facts. What did the jury or judge ultimately decide about the defense? Do you agree – why or why not?
5. If you were a law enforcement officer, knowing how defenses strategies are made, what practices or procedures would you try to do during the investigation phase to aid Prosecutors in rebutting legal defenses? Critically think through this and be specific with practical suggestions.
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