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April 2014 Handouts

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April 2014 Handouts 1 2 POINT – Why is NGRI important 10 And David arose, and fled that day for fear of Saul, and went to Achish the king of Gath.11 And the servants of Achish said to him, Is not this David the king of the land? did they not sing one to another of him in dances, saying, Saul hath slain his thousands, and David his ten thousands?12 And David laid up these words in his heart, and was greatly afraid of Achish the king of Gath. 13 And he changed his behavior before them, and feigned himself mad in their hands, and scrabbled on the doors of the gate, and let his spittle fall down upon his beard. 14 Then said Achish to his servants, Lo, ye see the man is mad: why then have ye brought him to me? 15 Have I need of mad-men, that ye have brought this man to play the mad-man in my presence? shall this man come into my house? 3 Raphael - Plato and Aristotle, from The School of Athens POINT – Articulation of Culpability 4 POINT – Organized the law Compared insane individuals to children as far as culpability – a practice that has continued even today Roman Law & 534 AD Eastern Roman Empire 'Justinian Code' to 'there can be no natural bad guy, nor can there incorrigible child' theory as the basis to establish the child can not be premeditated crimes provisions, and according to This requirement: Male 14 years old, female 12 years as the age of criminal responsibility phase. It is reported that Roman law also distinguishes between the age of responsibility in several stages: the behavior of children under the age of 7 years of age is not considered an offense; 7-year-old reached the age of 14 are considered to determine its ability to distinguish whether the age of responsibility; full 14 year-old criminal adults. [4] 5 Point - Developed Parts of Crime Gather up information from country side Common Law vs. Justinian Code Set in motion Stare decisis - presidents 12th century medieval England, lords began granting pardons to those who were obviously “mad.” In the 13th century, English common law evolved to require both the presence of a criminal act (actus rea) and the presence of a guilty mind (mens rea), TRANSITION – This allowed for president to be set – and since Trials set President they become important in CR. In 1154, Henry II became the first Plantagenet king – started Common Law These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the 6 law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent, the pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law.” Next Slide -*- 6 POINT – Could this person be Criminally Responsible This grim lunatic, with his clawing hands and lousy hair, was known as Mad Ned. He had a house, but there was no furniture in it. Mouthing, mumbling, with nauseous antics and unmeaning words, he was a butt and amusement to some, a terror to others, a source of scandal and apprehension to his family. He was noted for saying "abominable, wicked and distracted things" and of making wild accusations as, for example, that Lord Onslow had misbehaved himself with an innkeeper's wife, after the drinking of many bottles of wine. By day, by night, at all times, Arnold was tormented by "Lord Onslow in his Belly." He could neither sleep nor eat. He was beset in the wickedest way by "the Buggs, the Bollies and the Bolleroyes." Transition – Now lets look at his action that day Actions that Day Next Slide -*- 7 He was "a Marksman 7 ' who always "aimed at the Head" of rabbits, in the ordinary course of things. On the day of the shooting he had gone to the shop of a Mr. Smith where he usually bought his powder and shot, having previously borrowed a gun. So far there was nothing out of the ordinary. What was very much out of the ordinary was Arnold's request for shot of the largest size, a request which he had never made before. Most fortunately for his Lordship, the largest size was out of stock, and Arnold had to be content with No. 2, described as "Rabbit Shot." He went off, thus provided, and then, to make sure that the gun was neither foul nor damp, that the flint, the pan and the trigger were acting properly, he fired a charge. After this he made enquiries as to the whereabouts of Lord Onslow. Approaching Lord Onslow and his huntsmen, Mr. Flutter and Mr. Fawks, on foot was a man upon whom the hand of God lay heavily. His name was Edward Arnold, The face of this man was white and wild; he was carrying a musket, and he was carrying it very oddly the hammer 8 cocked and the muzzle pointing forward. No one seems to have paid much attention to him except Mr. Flutter. This gentleman, noticing the ghastly paleness and the surly resolution of Mr. Arnold, asked him why he was carrying his gun so improperly, and what were his intentions. At this moment, Flutter was on the left of Onslow, riding level, and Fawks was a little way behind on the right. White as chalk and with a madman's fanatical stare, Mr. Arnold was now passing on the side of Flutter when he suddenly wheeled, brought his gun to the shoulder, fired a charge of heavy shot at Onslow, and fairly blew him off his horse. " He never before shot a Lord in the Shoulder. He can ask better Questions when he holds up his Head; but if his Guilt makes him hold it down, I can't help it." Next Slide -*- http://www.archive.org/stream/onslowfamily1528013344mbp/onslowfamily1528013344mbp _djvu.txt 8 POINT – Describe the incident - Wild Beast Test -Medical Testimony - Convicted and sentenced to die - Saved by Lord Onslow -Good and Evil to Right and Wrong Transition – A different standard set Approaching Lord Onslow and his huntsmen, Mr. Flutter and Mr. Fawks, on foot was a man upon whom the hand of God lay heavily. His name was Edward Arnold, The face of this man was white and wild; he was carrying a musket, and he was carrying it very oddly the hammer cocked and the muzzle pointing forward. 9 No one seems to have paid much attention to him except Mr. Flutter. This gentleman, noticing the ghastly paleness and the surly resolution of Mr. Arnold, asked him why he was carrying his gun so improperly, and what were his intentions. At this moment, Flutter was on the left of Onslow, riding level, and Fawks was a little way behind on the right. White as chalk and with a madman's fanatical stare, Mr. Arnold was now passing on the side of Flutter when he suddenly wheeled, brought his gun to the shoulder, fired a charge of heavy shot at Onslow, and fairly blew him off his horse. " He never before shot a Lord in the Shoulder. He can ask better Questions when he holds up his Head; but if his Guilt makes him hold it down, I can't help it." http://www.archive.org/stream/onslowfamily1528013344mbp/onslowfamily1528013344mbp _djvu.txt Justice Robert Tracy Edward Arnold Arnold shot and wounded Lord Onslow. He was sentenced to death but Lord Onslow secured a reprieve to life in prison Next Slide 9 -*- 9 POINTS – Product Test Defense – Severe Head Injuries Lord Thomas Erskine, in his opinion, "No such madness ever existed in the world (referring to total insanity). Reason is not driven from her seat, but distraction sits down upon it along with her." HADFIELD shot at King George III as he entered the Royal Box at the Drury Lane Theatre. He believed God was going to destroy the world, but he thought he could prevent if by sacrificing his own life. Hadfield's early years are unknown but he was severely injured at the Battle of Tourcoing in 1794. Before being captured by the French, he was struck eight times on the head with a sabre, the wounds being prominent for the rest of his life. After return to England, he became involved in a millennialist movement and came to believe that the Second Coming of Jesus Christ would be advanced if he himself were killed by the British government. He therefore resolved to attempt the assassination of the King and bring about his own judicial execution. 10 TRANSITION – Lead to NGRI being detained after acquittal. Acquitted but sent to Bethlehem Hospital (Beldam) On the evening of 15 May 1800, at the Theatre Royal, Drury Lane, during the playing of the national anthem, Hadfield fired a pistol at the King standing in the royal box. Hadfield missed his target, though it is unclear whether he simply intended to signal an attempt, then addressed the King, announcing "God bless your royal highness; I like you very well; you are a good fellow.” The Court set a new standard for insanity, flowing from a delusion rather than lacking all understanding like the wild beast test.
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