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Forensic Psychological Issue in Criminal Law and Justice - 2750 Words

Forensic Psychological Issue in Criminal Law and Justice (Research Proposal Sample) Content: INSANITY DEFENSE RESEARCH PAPERStudents NameInstitution AffiliationProfessors NameDateAbstractThe title of my research paper is on insanity defense as a forensic psychological issue in criminal law and justice. I will give an in-depth analysis of the history of insanity defense from its inception and current state as well as its application in determination of verdicts in a court of law. I will also give a practical example of the application of the insanity defense in American history. The principle of insanity defense is a very tactical but rarely used strategy by defendants. The overlying factor supporting its application and maybe success is the fact that a person accused of a crime can acknowledge that they committed the crime, but argue that they are not responsible for it because of their mental illness, by pleading not guilty by reason of insanity. CITATION Fra16 \l 1033 (Francone, 2016) The application of the insanity defense appeal by the defendant is an ou tright source of controversy and hence it has received endless backlash in several states such as Idaho leading to its total ban. This may translate into having many insane persons imprisoned, or on the other hand however, justice is found for the plaintiff regardless of the defendants mental state.IntroductionWhen one commits a crime, he or she is subject to face judgment or trial by the jury to determine the verdict. Their guilt may be clearly established but what may remain at large is whether they were aware of what they were doing by committing the alleged crime. The defendants state of the mind or rather mental condition is therefore put into scrutiny considering the fact that they may have been suffering from a mental disorder at the time of committing the crime and are therefore not subject to imprisonment. In a case whereby the defendants state of mind is established and it is clear that they had been suffering from a serious mental disorder at the time of committing the cr ime, the principle of insanity defense may come into action. The defendants lawyer may take advantage of the principle of this situation by accepting that their client indeed committed the crime but are not subject to imprisonment with regards to their mental state. The insanity defense is an excuse, a reason why the person should not be held criminally liable for their actions, based on the argument that they did not understand that their acts were wrong. CITATION Ins14 \l 1033 (Insanity Defense, 2014)OverviewMore often than not, in criminal law, insanity may come up as a factor on the defendants side and is consequently used as an excuse for their criminal act. It is just in the recent past that a large percentage of states in the USA do not find insanity justice as a sufficient reason for a criminal to evade the verdict of being guilty and facing imprisonment. Insanity suggests that a person did not fully appreciate the nature of right and wrong in their actions. CITATION Cal93 \l 1033 (Callahan, McGreevey, Morrissey, Steadman, 1993) First and foremost, it is important to meaning of insane. The Oxford dictionary defines insane as being in a state of mind that prevents normal perception, behavior, or social interaction; seriously mentally ill. It is important to note that the legal definition of insane in this context is quite different from the psychiatric definition mentally ill. Also, the definition of insanity varies from one jurisdiction to another. CITATION Cal93 \l 1033 (Callahan, McGreevey, Morrissey, Steadman, 1993)HistoryIt is important to understand the history of the inception of insanity defense in criminal law. Insanity defense as a factor of determining the judges verdict over the defendants trial has been in existence since the ancient Greece and Rome empires. Even back in this period of history, many people viewed it as immoral to punish someone for a crime they had no idea what they were doing was wrong at the time. CITATION Dow \l 10 33 (Downey, Farhat, Garofolo , Jones)There are pieces of written evidence containing details of how court cases were dismissed on the basis of insanity in England. The first account of court trials involving insanity as a determining factor dates to 1724. The fate of insane defendants was uncertain in the United Kingdom until the Criminal Lunatics Act 1800, following the acquittal of James Hadfield, provided for their indefinite detention. Madness to most courts at this point meant someone totally deprived of understanding and with the mentality of an infant. CITATION Mel97 \l 1033 (Melton, Petrila, Poythress, Slobogin, 1997) In the year 1843, the maiden court case for insanity came by in the MNaghten case. In this case, an English man named Daniel MNaghten shot and took away the life of the secretary to the British prime minister, with belief the prime minister could have been conspiring against him. MNaghten was acquitted on the basis of insanity and instead of being imprison ed, he was placed under surveillance in a mentally challenged persons institution for the rest of his life. This court case is the mother of the MNaghten rule that acted as a point of reference in the United States and United Kingdom for similar cases involving insanity of the defendant. Under this law, it is believed that the defendant was not responsible for the crime owing to the fact that at the time of committing it, he or she was not aware of the nature of act if it was right or wrong. The jury was required to answer two questions: (1) did the defendant know what he was doing when he committed the crime? Or (2) did the defendant understand that his actions were wrong? This test allowed a prosecutor to prove sanity easily by simply showing a defendant understood the moral consequences of an action; mental illness did not matter. CITATION Col02 \l 1033 (Collins , Hinkebein, Schorgl, 2002)The MNaghten rule is just but one of the many tests and approaches used by courts in deter mining legal insanity. Depending on the jurisdiction, courts use one or a combination of the following tests for legal insanity: * The Irresistible Impulse test As a result of a mental disease, defendant was unable to control his impulses, which led to a criminal act. CITATION Ins \l 1033 (Insanity Defense) This test argues that the defendant may have been aware that what he or she was doing was illegal; but due to a mental disorder, they were unable to control their actions. In 1994, Lorena Bobbitt was found not guilty of the felony of malicious wounding (the equivalent of mayhem), when her defense argued that an irresistible impulse led her to cut off her husbands penis. In the late nineteenth century some states and federal courts in the United States, dissatisfied with the MNaghten rule, adopted the irresistible impulse test. CITATION The14 \l 1033 (The Insanity Defense, 2014) * The Durham Rule Regardless of clinical diagnosis, defendants mental defect resulted in a criminal act. Frustrated with the MNaghten rule, the federal circuit court in the District of Columbia discarded the test and adopted the Durham Test in the 1954 case of Durham v. United States, 214 F.2d 862 (1954). The test provided that a person was not criminally responsible if the unlawful act was a product of mental disease or defect. A jury was required to answer two questions: (1) did the defendant have a mental disease or defect? And (2) if so, was the disease or defect the reason for the unlawful act? Both of the answers had to be yes to return a verdict of not guilty by reason of insanity. The test was a recognition of that mental illness was a disease that could be treated and possibly cured. CITATION Col02 \l 1033 (Collins , Hinkebein, Schorgl, 2002) * The Model Penal Code Test for legal insanity Because of a diagnosed mental defect, defendant either failed to understand the criminality of his acts, or was unable to act within the confines of the law. CITATION Ins \l 1033 (I nsanity Defense)In the United States of America, there are some states that do not have the provision of insanity defense when handling criminal cases. These states include Idaho, Montana and Utah. For those states that allow for insanity defense as a means of determining the judges verdict use the MNaghten rule with a combination of the Irresistible Impulse rate or the Model Penal Code. Stated that apply the MNaghten rule include: California, Texas and New Jersey. The state of New Hampshire is the only one that uses the Durham rule.Individuals found to not being guilty due to insanity are taken through a psychiatric evaluation treatment, with an exception to temporary insanity. Following this, they are confined in a mental institution. They are placed here for a particular period until the institution management authority determine that they are fit enough to get back to the society and that they will not pose a threat to other individuals. In Foucha v. Louisiana (1992) the supreme court of the United States ruled that a person could not be held indefinitely. People can be cured of mental illness with the proper treatment. CITATION Mel97 \l 1033 (Melton, Petrila, Poythress, Slobogin, 1997)In the recent past, there has been the development of a hybrid approach by some states. The guilty, but mentally ill (GBMI). This is a hybrid verdict that some states have adopted in response to widespread (and largely inaccurate) popular beliefs that the insanity tests let too many guilty people escape unpunished. The general purpose of GBMI laws is to imprison offenders rather than place th...

Characterism In The Chosen And Chaim Potoks The Catcher...

â€Å"If I could not do these things, my life would have no value. Merely to live, merely to exist --- what sense is there to it?† (Potok 218). A person’s life measures up to be what they decide to do with it. Although, it may be hard for them to achieve what they want within a troubled society, it is still possible. In Chaim Potok’s The Chosen and J.D. Salinger’s The Catcher in the Rye, both authors portray their purposes by demonstrating hardships of coming of age and growing up in conflicting societies in order to argue that the environment in which an individual grows up in cannot prevent them from reaching their full potential by using repetition, simile, imagery, and arrangement within their novels. J. D Salinger uses this first example†¦show more content†¦This is a ball game. The enemy’s on the ground† (Potok 6). Potok uses war terminology during the ballgame to show the World War II environment these kids are growing up in. Their religion is the one being killed off. These war terms and fighting between the two teams also foreshadows the conflict that happens between these two groups of Jews when they are confronted with the Holy Land issue. Yet despite the violence that surrounds them, they continue to grow into smart, peaceful young men. â€Å"Yet despite the warlike language of Coach Galanter, Reuven’s team takes a fairly relaxed approach to the sport. Reuven’s assimilationist Orthodox school team learns quickly that Danny Saunders and his separationist Hasidic forces are on hand to play hardball, treating this pastime as a kind of intramural Holy War against the non-Hasidic ‘apikorsim’† (Vanderwerken 112). He shows t he conflict between the two Jewish groups, and he references the war that is currently going on. In this second example of repetition in The Catcher in the Rye, Salinger shows Holden’s insistent effort to not conform to the phoniness of the societal norm. Its beautiful as hell up there, it really is (Salinger 52). â€Å"It smelled like fifty million dead cigars. It really did† (Salinger 53). Holden repeats the phrases â€Å"it really is† (52) or â€Å"it really did† (53) to confirm the things he is saying to both the person he is speaking to and himself. This need of reassurance comes from the way he sees the world and

Nursing Philosophy Of Caring Essay - 1606 Words

Philosophy of Caring in Nursing To care is to feel compassion towards someone or something. Are human beings generally good and trustworthy or are they selfish and greedy? If humanity is the latter, than compassion towards others is not for their greater good, but for self-gratitude. It is hard to accept this thought process if you are a nurse or even know one. Compassion means to care and without either of these, nursing would flounder. Nurses seem to have an innate caring disposition about them. Think about how nurses are generally portrayed, tired, overworked, underpaid, but still going that extra mile with a smile on their face. Is this because nurses have compassion that the rest of the world is lacking, if humanity is selfish and greedy, or is it because nurses have the intrinsic ability to care? If nurses have an innate characteristic for compassion, then one can speculate nurses are born not created. However, if humanity is generally good, then nursing is a chosen field, not for self-gratitude but of genuine compassion for others. The philosophy of caring has been questioned and studied for years, and yet we are still learning. Dr. Jean Watson is a nursing professor and key leader regarding the philosophy of caring. In 1979, Watson published a theory about human caring. Her theory was based on Nightingale’s revelation of nursing. (Falk Rafael, 2000, p. 35) Watson had three main ideas about nursing that were highly discussed. First, was her idea ofShow MoreRelatedPhilosophy Has Influenced The Development Of Nursing1572 Words   |  7 PagesPhilosophy of Nursing Philosophy has influenced the development of nursing. Philosophy of Nursing promotes the application of nursing knowledge and helps develop nursing theory and knowledge. Nursing theories and philosophies of nursing influence each other. 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Retirement Saving

Question: How to evaluate the significance of retirement saving? Answer: The study mainly aims is evaluating the significance of retirement saving, which are conducted by individuals to increase asset valuation. Furthermore, the study also helps in Arquette to make adequate investment decisions to increase its overall asset accumulations after her retirement. Furthermore, the novice effectively calculates annual mortgage and loan amortizations table to help Arquette to make adequate investment decisions. Furthermore, the study effectively portrays different calculations and graphs, which could be used in analysing and evaluating mortgage payments conducted by Arquette. The impact of superannuation fund to boost individuals wealth is also explained in this study. Evaluating the significance of retirement fund: Retirement scheme is an effective strategy that is used by individuals to meet its future financial obligations. Furthermore, global change in living standard could only be met with increased investment conducted by individuals in retirement schemes. In this context, Drucker (2013) suggested that with the help of retirement schemes individuals are able to maintain cash inflow after its working year. On the other hand, Wang and Peng (2016) criticised that investment scheme in the current era conducted without effective research could increase risk and hamper investment capital. Furthermore, the rising inflation could eventually reduce capacity of Arquette to meet her future financial obligations. Currently in Australia the standard of living is relatively high and the rising inflation has motivated individuals to make retirement schemes to support their future endeavours. Arquette could effectively with the help of retirement scheme invest and save adequate cash, which might reduce he r burden after the working age. Boyer et al. (2014) stated that individuals to maintain their living standard after their retirement make adequate investments, which might help in generating the required return to support their activities. On the contrary, Abourashchi et al. (2014) argued that retirement produced reduced return during an economic crisis, which mainly liquidates the whole financial market. Furthermore, the International financial volatility and rising commodity prices has mainly helped individual all over the world to maintain a retirement scheme which could help in supporting their expenses after retirement. Moreover, retirement schemes are mainly conservative in nature, which increases investment in fixed interest rate scheme. Landsberg (2014) mentioned that fixed interest rates mainly help investors to attain the required return to support their investing needs. On the other hand, Chingos and West (2015) criticises that some investments strategy does not accommod ate time value of money, which might reduce overall profits of the investor. Around 9.5% of gross income attained by Arquette has to be invested in superannuation fund as mentioned by Australian government. Furthermore, any changes in policy of superannuation could directly have impact on decision making process of Arquette. In addition, the investment that is conducted by Arquette in superannuation fund mainly affects its decision making process. Furthermore, the changes in superannuation rate and policies could directly affect return generation of the Arquette and hamper the overall amount that might be received after retirement. Furthermore, any negative change might limit Arquette exposure in the superannuation fund, while positive impact could increase its exposure. In this context, Rees and Smith (2014) mentioned that investment conducted in higher return schemes could help investors to reduce the negative impact of inflation. On the other hand, Duxbury et al. (2013) criticis es that economic crises could negatively impact all the investment schemes used by investors, which mainly reduce its profitability. In addition, the overall asset valuation at the time of retirement is 1,439,453.43. This amount could help Arquette to fulfil her financial obligations after retirement till the age of 83. Conclusion: The overall study mainly helps in evaluating the significance of retirement fund that could be used by Arquette to fulfil her financial obligations after retirement. In addition, the assignment also helps in evaluating mortgage valuation, which could be used by individual to increase their assets accumulation. Furthermore, with the help of annuity and investment yield calculation the novice is able to effectively depict the retirement amount, which could be enjoyed by Arquette at the end of her retirement age. Reference and Bibliography: Abourashchi, N., Clacher, I., Freeman, M.C., Hillier, D., Kemp, M. and Zhang, Q., 2014. Pension plan solvency and extreme market movements: a regime switching approach. The European Journal of Finance, pp.1-28.Benartzi, S. and Thaler, R.H., 2013. Behavioral economics and the retirement savings crisis. Science, 339(6124), pp.1152-1153.Beshears, J., Choi, J.J., Laibson, D., Madrian, B.C. and Milkman, K.L., 2015. The effect of providing peer information on retirement savings decisions. The Journal of finance, 70(3), pp.1161-1201.Beshears, J., Choi, J.J., Laibson, D. and Madrian, B.C., 2013. Simplification and saving. Journal of economic behavior organization, 95, pp.130-145.Boyer, M.M., Mejza, J. and Stentoft, L., 2014. Measuring Longevity Risk: An Application to the Royal Canadian Mounted Police Pension Plan. Risk Management and Insurance Review, 17(1), pp.37-59.Bryan, C.J. and Hershfield, H.E., 2012. You owe it to yourself: Boosting retirement saving with a responsibility-based appea l. Journal of Experimental Psychology: General, 141(3), p.429.Chingos, M.M. and West, M.R., 2015. Which teachers choose a defined contribution pension plan? Evidence from the Florida retirement system.Education Finance and Policy.Drucker, P.F., 2013. The unseen revolution: How pension fund socialism came to America. Elsevier.Duxbury, D., Summers, B., Hudson, R. and Keasey, K., 2013. How people evaluate defined contribution, annuity-based pension arrangements: A behavioral exploration. Journal of Economic Psychology, 34, pp.256-269.Goda, G.S. and Manchester, C.F., 2013. Incorporating employee heterogeneity into default rules for retirement plan selection. Journal of Human Resources, 48(1), pp.198-235.Huang, E.J., Lu, E.P. and Kao, G.W., 2016. Investment Regulation, Portfolio Allocation, and Investment Yield in the US and China Insurance Industry.The Chinese Economy, 49(1), pp.32-44.Jelen, B., 2013. Calculating Loan Amortization. Strategic Finance, 94(10), p.52.Landsberg, R.D., 2014. Fiduciary Risk Management and Target Date Funds.Journal of Deferred Compensation, 19(2), p.86.Ramnath, S., 2013. Taxpayers' responses to tax-based incentives for retirement savings: Evidence from the Saver's Credit notch. Journal of Public Economics, 101, pp.77-93.Rees, A. and Smith, S.P., 2014. Faculty retirement in the arts and sciences. Princeton University Press.Sialm, C., Starks, L.T. and Zhang, H., 2015. Defined contribution pension plans: Sticky or discerning money?. The Journal of Finance, 70(2), pp.805-838.Spedicato, G.A., 2013. The lifecontingencies Package: Performing Financial and Actuarial Mathematics Calculations in R. Journal of Statistical Software,55(10), pp.1-36.Tipping, M. and Newton, R., 2015. Modelling banking-hall yield for property investment. Journal of Corporate Real Estate, 17(1), pp.4-25.Van Rooij, M.C., Lusardi, A. and Alessie, R.J., 2012. Financial literacy, retirement planning and household wealth. The Economic Journal, 122(560), pp.449-478.Wang, Q. and Peng, J., 2016. An Empirical Analysis of State and Local Public Pension Plan Funded Ratio Change, 2001-2009. The American Review of Public Administration, 46(1), pp.75-91.

How to Write About Yourself

How to Write About YourselfSome of the best fiction books are written by people who were trying to get a feel for how other people lived and most often what they're really doing is writing about themselves. Stories are very personal to each person, and the more you read fiction the more you'll begin to notice how this is the case. What does it mean to write about yourself?Well, first of all, to say that people write about themselves because they're writing about themselves is not a particularly accurate statement. Everyone writes about themselves, in a way, but there's a difference between the kind of self-expression and description that's strictly a part of writing about yourself versus writing about yourself in order to help others. To be very clear, the difference between the two is that one is an attempt to help others identify with you, while the other is an expression of your own desires. This is really where things get interesting.Of course, I could be talking about writers wh o write about themselves to inform readers of some lesson they have to learn, or they wanted to make sure they wrote about themselves to make sure that they're well informed about the ways people express themselves. That's a perfectly valid goal to want to pursue as a writer, but when you're writing about yourself for the purpose of informing others about yourself, you're doing it wrong. Why?The reason that people write about themselves when they're writing about themselves is because they're seeking approval. So, instead of saying something like 'Oh, good, I'm not writing about myself,' you should say something like 'I've been thinking about myself, so I've decided that I want to express how I feel about myself by describing my life as clearly as possible.' That's a lot clearer. It doesn't put you at risk of being laughed out of the room, either.Another important thing to keep in mind is that the reader wants to know what they can do to help you. This is a part of what makes people relate to other people and helps them connect with others, and to stay connected to others who have an ability to relate with others. For instance, if you're looking for someone to help you design a website, but you don't really know how to do it yourself, you might want to write about yourself and tell readers to go and find someone who can do it for them.This doesn't mean that what you're saying is false, or that your paper's objectivity has become compromised, because in fact the opposite is true. In order to make sure that you're being true to your intentions, you need to be extra careful to write about yourself as clearly as possible, because the results will speak for themselves.Another important part of learning how to write about yourself is learning to write about your life without imposing. Sometimes, it's best to be as open and honest as possible with readers. You can talk about your life, and you can talk about the other things that you're passionate about, but you don' t necessarily have to go into a great deal of detail about them.When you begin to write about yourself with a little less information, and more love, you'll start to feel the difference in your work. It might not sound like much, but it's a huge difference when you can get some freedom from the expectation that you must provide.

Writing Topics on Finance

Writing Topics on FinanceThere are several writing topics on finance, and it is important to know how to prepare for each topic. Even if you don't do your research or write everything in a flash, the topics of finance do not have to be too hard to write. It is a good idea to get some extra practice before writing a full synthesis essay.Writing a full synthesis essay is an area where students will need to go over as many papers as possible. If you are unsure of anything, or you find yourself getting confused, take some time to see what others are doing. Ask them if they have any tips or hints to help you along the way. There are some simple mistakes that could be avoided, and you want to avoid these at all costs. Keep practicing, get some extra practice.Make sure that you gather specific information from previous write-ups and the internet. Spend a little time researching on the topic, and see what you can learn from it.The last thing you want to do is rush out and begin writing. Be p atient, and do some planning ahead.Before you begin writing the entire topic, take some time to narrow down your list of topics. Sometimes, a topic that interests you is not going to be a good choice. In some cases, you may not want to write about a certain industry. One last tip is to always try to keep it related to something you have previously written about.When writing your ideas for writing topics on finance, try to stick to your topic of interest. This is an important tip for getting the most out of your writing, since many people write about topics that are not something they feel strongly about.You should also try to write in a way that will make you unique. If you have a unique writing style, it will stand out. This will help you when your topics get critiqued later. A unique style will allow you to show that you are original, and that you have something new to offer.