Arizona uses a modified version of the M'naghten rule (A test for criminal insanity). The defense team is responsible for proving that. The state of Arizona also uses the "Guilty but insane" verdict as well.
I believe the reason the insanity defense is in place is to protect those that are mentally ill and commit crimes.
I do think that the insanity defense should exist- even though only 1/8th of them are successful according to our readings. What I dont like about the insanity defense is declaring someone temporarily insane. I guess I dont see how someone can momentarily be insane and commit a crime. I could see the lack of premeditation and the heat of the moment or self defense but how does that make them temporarily insane? I cannot grasp this concept at all.
Compare and contrast the due process model and the crime prevention model. I am looking for you to summarize the definitions provided in the textbook by paraphrasing (not quoting). Which model is practiced in the United States? How do you know? Explain your answer. Do you think the United States should adopt a different model? Explain your answer.
The crime control or prevention model is about identifying factual guilt, and the due process model is about identifying legal guilt. The example used in the book mentioned that a man stole a womans purse and the officer witnessed the event and chased him down and caught him. From that point the man confessed to committing the crime. This would be considered factual guilt- the officer witnessed it and the man confessed. All the facts are pointing to yes, that the man in fact was guilty of said crime. However, with due process model he was not "legally...