IF YOU WANT TO CHANGE A LAW, HOW WOULD YOU doTHAT?

Question

there are about 3 states that are against insanity defense, how would you allow insanity defense in those certain states?

Answer 1

Either:

1. lobby congress to change the law and make a statute allowing the insanity defense. you'd have to have good evidence of it's necessity and how it would work for the good of the state. and you'd need petitions with a lot of state citizens signatures, from all over the state... you'd probably need a few friends to help you so that they could go to the other places in the state and get signatures, and you could have a website where people could electronically add their signature. Then once you had a lot of information and support you and all of your friends and the other supporters would have to contact the congressmen who represent you and you would have to push for them to change the law... but it is really really hard. it takes just about forever for congress to actually get a law through because so many other congressmen try to add their own provisions that don't even have anything to do with the bill as it started. And it has to pass both houses exactly the same or else it has to go back to the house if the senate changes something, then a house committee has to approve the changes. That's not to say it can't be done, but it's a lot.

or

2. if there's a court case of a person who would really really exemplify the need for the change, the lawyers in court can press for a change in the law... but the court can't just change it themselves... it has to be an interpretation of the law... so you have to argue either
a) that the statute as it stands can somehow be read to mean that it covers this situation
or
b) that the statute as it reads is so absurd that no legislator could actually have meant to say that, so the court should allow this person the defense regardless because the statute can't cover his situation... or provide evidence that the legislature actually meant to cover this with this statute, but accidentally said it wrong (with evidence from congressional debates and stuff)

Either thing is very difficult. A court who is very strict about the law (some jurisdictions are more willing to allow changes, others are very strict about reading the legislation exactly) is very unlikely to allow your change. But legislation involves a lot of people and a lot of factors as your legislation goes through the system, whereas one Supreme Court panel of judges could decide in one moment if you do a court case.

Either way is hard, but it can be done... take a lot of evidence from other states too... about why they did it and how they are like your state and why your state should change it because of the good effects that it has had in the other states. This is all easier if you're actually a congressman or a lawyer already, but if you're not, it's ok too ;o) Good luck!

Answer 2

There are actually many different standards for the so-called "insanity defense", and all legal jurisdictions recognize some point where a person is not responsible for their actions.

For example, take someone who suddenly lashes out at the person sitting next to them on the bus/subway, breaking the other person's nose. That's assault and battery, right? But what if the 'attacker' was suffering a sudden epileptic attack from an undiagnosed condition, their first epileptic fit ever, and so their arm movement wasn't under their control? That's one type of "mental disease or defect" that all states recognize.

Changing a law can happen in two ways. Legislative or judicial, depending upon the source of the law. Most affirmative defenses, such as insanity, as found at common law, and would be changed by the courts.

However, there's nothing to say that a legislature cannot make such a defense statutory, or eliminate the defense by statute. Changing state laws (statutes) is up to the state legislature. So, call your assemblyman or state representative. Some states also allow for proposal of laws by grass-roots petition, or popular vote referendums. Check your local listings.

Answer 3

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Answer 4

On the midterm elections happens every two years you would start a referendum against it take it to the state legislature and get them to sign the referendum and put it on the Mid term ballot

Answer 5

You would need to have the legislatures in those states make changes to their State Statutes. Either go to lobby those states or send they briefs to their Judiciary committees.

Answer 6

i would do the following

1)move to mars
2)find a way to brethe there
3)make my own laws
4)im happy

Answer 7

WRITE YOUR CONGRESSMAN OR CONGRESSWOMAN AN EMAIL AND USE ALL CAPS SO THAT THEY KNOW YOU'RE SERIOUS AND INTELLIGENT.