What if a person is not smart enough, old enough, or mentally fit enough to form the mental ability to commit a crime?

Children are treated differently in the criminal justice system, and must be given special rights and protections in Juvenile Courts in the U.S. In juvenile justice, the goal of the system is rehabilitation, not punishment. In adult courts, both goals co-exist. In juvenile justice, the minor’s records are confidential (not public) and sealed and once he or she turns of age (18), so that there is no record of the juvenile criminal history. In juvenile justice, the juvenile is adjudged delinquent, not criminally liable. The term delinquent means the juvenile is in need of rehabilitation from the state. The state takes on a parental role, called in loco parentis. If a juvenile commits a particularly violent or “adult” level of crime like murder or assault, the juvenile MAY (above a certain age that varies by state) be tried as an adult.

The insanity defense means that at the time of the offense, the suspect had a mental, moral, cognitive, or volitional incapacity that excuses responsibility for the crime. States vary in how they define insanity. The federal government and 17 states follow the M’Naghten Rule as their definition of insanity. This rule holds that the defendant was incapable of knowing right from wrong. Therefore, if a defendant asserts this defense, but the facts show that he covered up his crime or kept it a secret, etc. his actions reveal that he DID know right from wrong, and the defense may not work. The insanity defense, according to our text, only works in 2% of cases. Even Jeffrey Dahmer, who murdered and ate his victims, did not convince a court that he was insane. Andrea Yates, on the other hand, ultimately did. She was the mother who in 2001 confessed to murdering all 5 of her children in Houston, Texas. Other well-known criminals whose crimes were found to be committed while insane were John Hinckley who shot President Reagan and Lorena Bobbitt who claimed her husband repeatedly raped and beat her. Criminals found to be not guilty by reason of insanity are then confined to a mental institution until they are found not to be a danger to themselves or others.

Another defense, the defense of Diminished Capacity, can be used with limited success. Occasionally, organic brain disease or impaired functioning due to alcohol/drug consumption can be used to prove diminished capacity, leading to a lack of requisite intent and a not guilty verdict.

All defendants must be competent to stand trial. If a defendant is so impaired mentally as not to be able to participate in his own defense, the trial will be postponed

RESPOND TO ONE OTHER STUDENT:

Denise Marcelin

RE: Week 3 Discussion

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Conspiracy to commit a crime is an inchoate or incomplete crime that involves an explicit or implied agreement among people to carry out a criminal act (Robinson, 2017). There must be an overt act to commit the crime. An example is when one person pans to carry out a bank robbery and calls for a meeting with other people. Attending the meeting suffices to prosecute everyone who attends the meeting as a conspiracy to commit the crime.

On the other hand, a solicitation to commit a crime refers to an incomplete crime involving requesting, inviting, hiring, commanding or encouraging another individual to carry out a criminal offense (Robinson, 2017). During prosecution, it must be proved that a defendant intended the other individual to do what the defendant suggested. This means that making a joking suggestion to assault a person but this is taken seriously will not amount to solicitation to commit a crime. The defendant must invite, request, command and encourage that the crime is committed. An example is when Job asks John to assault Dan but John refuses. However, he is bribed to commit the act. In this case, the job has solicited John.