W6 270 1

Resource: A Matter Over Mind article

Review the Electronic Reserve Readings for Week Five, located on the student website. In your reading, A Matter Over Mind, the author presents the case of a young man who shoots and kills a police officer. The case argues a defendant’s constitutional right to use the insanity defense and the amount of leeway provided to prosecutors.

• What is the difference between mental illness and insanity? (Hint: What is the important second prong of the McNaughten rule?)
• The McNaughten rule cannot be used to defend the actions of a person who drinks alcohol and then murders someone. Why not?
• Identify each of the following:
  • Rational and guilty
  • Guilty but insane
  • Not guilty by reason of insanity
• If you were deciding this case, how would you rule? Briefly explain your decision.