We are having a session of court were i m a public prosecution, an a person is murdered by a person who is insane.... so can u tell me sum good points where i can win the case.
sum points are:
i have a eye witness, and a police who has caught him redhanded and the killer is insane as i said but i dont know how shud i prove him a killer so plz u frnds help me
thank u for answering......
2006-08-31 21:23:11 · 9 answers · asked by sweety 1 in Politics & Government ➔ Law & Ethics
If you are the prosecutor, then you need to show that even if the accused is mentally ill, he can tell right from wrong (there are various legal tests, different for each country or state or province, one of the most famous being the old English "M'Naughton Rule"; but you won't need such technical detail for your skit).
So you need to have the accused interviewed by a psychiatrist and then make the psychiatrist an expert witness. You ask him clever questions to elicit the fact that the accused knew that what he was doing was wrong.
If you prove your point, the jury can convict. If the jury decides he could not tell right from wrong, he is not guilty by reason of insanity and goes to Broadmoor (in England) or to some other asylum for the criminally insane.
2006-08-31 21:28:38 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Okay... maybe you can prove that the insane person KILLED the victim since there is a witness, the body of evidence is there and there is no one else to accuse (you said "caught red-handed").
These you must prove:
- that the killer had a motive.
- that the killer did the killing with premeditation.
- that the killer committed the crime with treachery.
... to insist that the victim was MURDERED.
Otherwise, you can only prove HOMICIDE (and not manslaughter).
If I were the judge, I'd call for psychiatric evaluation. If proven insane, the killer is NOT GUILTY BY REASON OF INSANITY but he will have to be confined and treated at a mental institution.
2006-08-31 21:45:55 · answer #2 · answered by Bummerang 5 · 1⤊ 1⤋
Examine the preparation the killer took to commit the crime. If there was preparation and thought out plans before and after the crime (purchasing a weapon, stalking the victim, statements before, during and after the murder as well as attempts to cover up the crime) this needs to be highlighted. Any psychological background or lack of would be important, family history, statements by witnesses and by the suspects family members could be important as well.
2006-08-31 21:46:53 · answer #3 · answered by steelerguy92868 2 · 1⤊ 0⤋
from what i gather, the eyewitness report from the police officer will establish that the respondent is the killer. the problem seems to be the insanity plea. my guess is, your aim will be to prove that the defendant was not insane at the time he committed this crime (that is, that he didn't know the difference between right and wrong during its commission). the defense will undoubtedly attempt to establish that their client has an organic mental disorder (or something) which rendered him unable to distinguish between right and wrong which you'll have to disprove/refute.
i'm just guessing here.
good luck.
2006-08-31 21:29:28 · answer #4 · answered by pyg 4 · 1⤊ 0⤋
You got some stuff already backwards. You say he is crazy...No, no, no. The defense alleges he is.. they have to prove he is and besides....how did he get on trial if there is only a witness?
You don't need to prove he isn't mad. You need to prove he planned the murder ( no plan, 'only' manslaughter) and a motive would help. If you prove that the judge and jury will have a hard time believing he really is mad.
2006-08-31 21:31:25 · answer #5 · answered by Puppy Zwolle 7 · 1⤊ 0⤋
Come on ITS SIMPLE.
You know the Law,
But Still I suggest you, You proove him to be a Lunatic rather than insane and at the time of murder he is in a position to know the consequences of his acts and also he is in sound mind and with his mental ability he planned the act of murder. You Have number of cases to support your argument. Now its your turn to search the appropriate cases in A.I.R.
LAW shelters lunatic only in his lucid periods(during full moon day). and rest of the time he is a normal man who can be punished like any other man.
You know a lawyer is a maker and breaker and creator and distroyer of law. So You can creat a wonderful show with very good MASALA
ALL THE BEST
2006-08-31 21:45:11 · answer #6 · answered by smart 1 · 0⤊ 1⤋
as u r winking in ur photo, the same thing. Just go to the chamber of the Judge and remove clothes and just wink. That would be all...
2006-08-31 21:31:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i pity u. if you are the public prosecutor, the authority who appointed you as public prosecutor in a murder case, are surely insane, and should be sacked en masse. please quit the post and let some compentent person handle this.
2006-09-01 16:05:16 · answer #8 · answered by HMG M 3 · 0⤊ 0⤋
sweety, re-ask the question but this time hit spell check.
2006-09-01 04:26:50 · answer #9 · answered by Anonymous · 0⤊ 0⤋