3-2 Discussion: Insanity or Not? discussion min 200 words responses min 100 words
Answer the discussion below and put the answers under the bullets to help organization. Also respond to the two peer post below using the guidelines marked with ****.
This webpage provides a summary of insanity and diminished capacity in a historical context.https://www.law.cornell.edu/wex/insanity_defense
Lacey is involved in a violent marriage for five years. One night, after her husband pushes her down the stairwell and proceeds to continuously beat her, Lacey shoots him. She calls 911, reports the crime, and asks for an ambulance. At the hospital, a detective interviews her and notes that she appears to be quite calm when explaining what happened. Lacey admits to killing her husband but claims that it was a cycle of abuse and that she was scared for her life. The detective charges Lacey with murder in the first degree.
If you were Lacey’s defense attorney, what defenses would you use?
Review the law on insanity in your state. Based upon the laws of your state, can she use an insanity defense? In your reply posts, compare and contrast the law in your state with the laws your classmates discuss.
****Review the posts of your fellow learners and respond to at least two. In your response posts, you must do one or more of the following:
Ask an analytical question.
Offer a suggestion.
Elaborate on a particular point.
Provide an alternative opinion supported with research.
Be sure to support your initial post and follow-up posts with scholarly examples from the module readings and additional literature where appropriate. You must cite all references according to APA style.
Peer post 1
-If you were Lacey’s defense attorney, what defense would you use?
If I were the defense attorney I would use the Battered Women Syndrome (self-defense) defense. Battered woman syndrome is when a woman is suffering from mental and emotional abuse remain in the same relationship despite a repeated pattern of violence perpetrated by a spouse or boyfriend. This leads the woman to act in self-defense if encountering violence, which could result in death. They must show that there was danger or serious bodily harm or death was imminent, the defendant had a reasonable belief she would be harmed, and the defendant reasonably responded to the danger. This could all easily be proven if under mental and physical abuse.
-Review the law on insanity in your state. Based upon the laws of your state, can she use an insanity defense?
Alaska uses a modified version of the M’Naghten Rule. The burden of proof falls on the defendant. The defense can be used but only if a written notice is given within 10 days of entering a plea and must state that they are relying on the defense. There must also be evidence of mental disease but it cannot be only because or repeated criminal or other antisocial conduct. So in this instance, insanity wouldn’t be possible in Lacey’s case.
Peer post 2
Hello everyone,
I believe that Lacey is not insane, but her actions were justified. Every time her husband beat her or threw her down the stairs in their five years of marriage, she was lucky to she was not killed or permanently injured. If I was her defense attorney I would point this fact out and that her actions were the result of her defending herself. With the history of violence her husband inflicted on her I think it is very inappropriate for her to be charged with murder. It is likely that had she not done so, she may have been the one killed and her husband would have been facing that charge instead. As her defense attorney, I would argue that she killed her husband in self-defense.
In my state, New Hampshire, the use of deadly force is justified when a person fears that another is about to use unlawful, deadly force against them. Lacey feared for her safety and may have felt that this particular episode of violent behavior was life-threatening and took action to protect her own life. In order to claim an insanity defense, the State of New Hampshire requires “clear and convincing evidence” of insanity. Years of abuse can cause emotional or psychological trauma, but it may be difficult to prove that it led to insanity. I believe that Lacey has a stronger case of claiming self-defense.
Solution Preview
If I was Lacey’s defense lawyer, the defense I would use is self-defense (Fletcher, 1980). The facts clearly state that Lacey had been in a violent marriage for five years. This means that for five years she was always receiving beatings from the husband. When she killed the husband, she used reasonable force. She was not as strong as the husband, and there was an imminent threat to her life. She feared for her life and bodily harm. Self-defense can only be claimed in the event of the risk and not when it has passed. Lacey, in this case, shot the husband during the threat. The husband had already pushed her down the stairwell and also continued hitting her when Lacey shoots him.
(660 words)