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Ray Atkinson
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Resolved Question:

You are a defense attorney. You are representing a young man who is accused of hiding in the trunk of a car, pointing a rifle through a hole in the trunk, and randomly shooting strangers. You want to pursue an insanity defense. What arguments would you attempt to represent your client under the each of the following standards? You can make up additional facts to the case. 
 1. M'Naghten Rule 

 2. Durham Rule 

 3. Model Penal Code
Submitted: 2 years ago.
Category: Homework
Expert:  Ray Atkinson replied 2 years ago.

Ray Atkinson :

Due date? Word length requirement, if any?

Ray Atkinson :

Under M'Naghten you would ask questions like "Why were you in the trunk with a rifle?" and "Did you know you were shooting at actual people?" and "Did you know that it was wrong to shoot people?" and "Did you know that shooting people will kill them?" because it states that a person is not guilty if thjey do not know their actions are wrong, or do not know what they are doing at the time.
The Durham Rule deals with cause and effect of mental defects. The mental defect must be the cause of the criminal act. Questions like "What made you do this?" and if the answer is "voices in my head" or "they were aliens," the Durham rule would apply.
The MPC is a combination of the two rules. "Did you think that what you were doing was wrong?" "Did you know what would happen when you shot someone?" Both of these will address that the defendant either did not know that they were committing a crime or undersood the consequences of the crime, due to a mental deficiency.

Customer:

today, it doesn't have to be long. just basically answer the three questions

Ray Atkinson, Graduate Student
Category: Homework
Satisfied Customers: 1774
Experience: Degrees in Math, Education and Accounting, years and years of tutoring.
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