Final Exam

FINAL EXAMDefining alienation is a controversial issue . The foothold psychologic aloney ill or monomania do non have concrete definitions . There are varying degrees of insanity and varying reasons why an man-to-man may be mentally ill in general or at a given point in eon . Determining whether or not a defendant is mentally ill and is or is not suitable to stand trial is a conk task . There is a vast amount of internal law in the cogitate States that attempts to define competency and put to what extent an incompetent defendant should be responsible for all(prenominal) criminal offenses committedCompetency groundwork not be localized rapidly . A thorough interview with the mistrustful and investigation into the amusings previous(prenominal) twist history and medical history is necessary in to determine c ompetency . This process batch be languish and overweight . Due to this fact , the law must embroil limitations on the continuance of time a defendant can be secureed in to determine competency , especially if the louche is cosmos detained prior to being formally charged with all crimeAt the familiarise time , a suspect can be detained indefinitely for the purpose of determining competency . There is postulate as to whether or not this law is constitutional . The linked States sovereign administration has the responsibility of determining the constitutionality of the laws in the fall in StatesThe United States unequivocal CourtThe United States Supreme Court maintains the residual among state governments and the federal official government through the nutrition and rights of the individual citizens (Hughes , 1928 , 2 . The Supreme Court is allowed to review whatsoever federal administration of appeals case by issuing a writ of certiorari granted upon the pe tition of any fellowship to any civil or cr! iminal case . The Supreme Court may overly review any judgments issued by the highest court in each state if a nous of constitutionality existsThe constitutionality of detaining suspects is ever being debated .

Currently the law states that a suspect can be detained by law enforcement for a current of ii days without being formally charged with a crime . The law also states that law enforcement officers have the leave to detain mentally ill suspects for a reasonable length of time in to determine whether or not the suspect is competent enough to stand trial . A suspect is driven incompetent to stand trial if the court finds that , as a result of a mental illness , faulting or disability , a defendant is unable to realize the temper and object of the proceeding against him or to assist in the preparation of his own defense (Schmalleger , 1999 , 222Determining CompetencyThe shorthorn precept , which is also know as the harvesting rule states that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect (Schmalleger , 1999 , 236 The Durham Rule was instated as a result of Durham v . United States (1954 . In this case , the United States Court of Appeals for the soil of capital of South Carolina determined that the...If you want to get a full essay, install it on our website: OrderCustomPaper.com

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