week 5 critical thinking exercise
After reading the assigned readings, write and submit a 2-3 page essay in response to the following task: You have been hired as a consultant in the Shawcroft case (See Attached Shawcroft Case Study). Your task is to determine if this case warrants a defense of insanity under the M’Naghten Rule, which is used by the State of Minnesota. The Mnnesota test for insanity, a codification of M’Naghten Rule, reads:
No person having a mental illness or cognitive impairment so as to be incapable of understanding the proceedings or making a defense shall be tried, sentenced, or punished for any crime; but the person shall not be excused from criminal liability except upon proof that at the time of committing the alleged criminal act the person was laboring under such a defect of reason, from one of these causes1 as not to know the nature of the act, or that it was wrong.
1 Causes refer to insanity or cognitive impairment.
Using the guidelines of the Minnesota insanity law does Shawcroft have a defense of insanity? The burden of proof for proving insanity is on the defendant. Why or why not? If not, would Shawcroft have a defense of insanity under any of the other insanity rules discussed in the Bartols’ textbook? Why or why not? (45 Points)
SHAWCROFT CASE updated 26apr18.pdf
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