Final Exam

FINAL EXAMDefining alienation is a controversial issue . The terms psychologic completelyy ill or aberration do non have concrete definitions . There are varying degrees of insanity and varying reasons why an man-to-man may be mentally ill in general or at a given point in eon . Determining whether or non a defendant is mentally ill and is or is not suitable to stand trial is a break down task . There is a vast amount of subject field law in the link States that attempts to define competency and enjoin to what extent an incompetent defendant should be responsible for both criminal offenses committedCompetency groundwork not be localized apace . A thorough interview with the curious and investigation into the louches old twist history and medical history is necessary in to determine competency . This pr ocess bottom be languish and overweight . Due to this fact , the law must overwhelm limitations on the length of time a mistrustful can be secureed in to determine competency , especially if the guess is cosmos detained prior to being formally charged with all crimeAt the familiarise time , a suspect can be detained indefinitely for the purpose of determining competency . There is turn as to whether or not this law is constitutional . The linked States sovereign administration has the responsibility of determining the constitutionality of the laws in the coupled StatesThe United States compulsive CourtThe United States Supreme Court maintains the poise among state governments and the federal official government through the nutriment and rights of the individual citizens (Hughes , 1928 , 2 . The Supreme Court is allowed to review either federal administration of appeals case by issuing a writ of certiorari granted upon the petition of any caller to any civi l or criminal case . The Supreme Court may ! similarly review any judgments issued by the highest court in each state if a psyche of constitutionality existsThe constitutionality of detaining suspects is ever being debated .

Currently the law states that a suspect can be detained by law enforcement for a catch of ii days without being formally charged with a crime . The law also states that law enforcement officers have the post to detain mentally ill suspects for a reasonable length of time in to determine whether or not the suspect is competent enough to stand trial . A suspect is driven incompetent to stand trial if the court finds that , as a result of a me ntal illness , desolate or disability , a defendant is unable to discover the temper and object of the proceeding against him or to assist in the preparation of his own defense (Schmalleger , 1999 , 222Determining CompetencyThe shorthorn precept , which is also know as the reaping rule states that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect (Schmalleger , 1999 , 236 The Durham Rule was instated as a result of Durham v . United States (1954 . In this case , the United States Court of Appeals for the zone of capital of South Carolina determined that the...If you want to get a full essay, install it on our website: OrderCustomPaper.com

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