Criminal Background Check - What is a Misdemeanor?

May 10, 2010 on 2:13 am | In Criminal Articles | No Comments

Misdemeanor is a petty criminal act as compared to a felony. Hence, the punishments charged on misdemeanor are less severe in comparison to felonies. Most of these crimes are charged with a fine or a short term in jail. The maximum punishment for such crimes is a jail term of twelve months.

Misdemeanor Crimes

Here are some examples of common misdemeanor crimes:

o    Petty theft

o    Prostitution

o    Simple assault

o    Public intoxication

o    Incorrect conduct

o    Trespassing

o    Vandalism

o    Other similar simple crimes

Consequences Of Criminal Charges

If a person is charged with a misdemeanor then he might have to face the following consequences:

o    Difficulty in obtaining a professional license.

o    Trouble in getting public employment.

o    Probation or part time imprisonment.

o    Might also have to serve the community as a part of a community service program on a weekly basis.

A person who is convicted with misdemeanor crime does not lose his civil rights. He retains the right to erase or expunge his criminal conviction. Though, the possibilities on the types of expungement are very limited. At present, there are only a couple of charges that can be erased.

When Does A Dismissal Occur?

A dismissal occurs whenever the prosecutor decides to drop the case due to insufficient evidence. Here the assistant district attorney is told to review the case and its evidence. Whenever a misdemeanor proceeding against a person is dismissed then he is not charged with criminal conviction. However, if a future employer conducts a criminal background check on the person, then the records would reveal the charges as well as the dismissal.

Classes Of Misdemeanor Offences

The US Federal Government has divided misdemeanors into various classes. Some of these classes are punishable by a jail term while others are let off by simply paying a fine. Whenever a statute in law does not classify any specific misdemeanor crime then it is called an unclassified misdemeanor. In such cases the punishment for the offence is left on the legislators to decide.

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How to Get Into Criminal Justice School

May 8, 2010 on 9:18 pm | In Criminal Articles | No Comments

If you’re wondering how to get into criminal justice school, you must first decide what kind of degree you are interested in so you can determine the type of school and program you will be applying to. There are training and certification programs, two-year programs, four-year programs and graduate programs that students can go into after completing a traditional four-year bachelor’s degree.

Perhaps just the thought of how to get into a justice school for a four-year degree program is too much for you and you are interested in starting a high-paying career in this field as quickly as possible. In this case, a career training and certification program might be a good fit for you. There is plenty of grant money currently available for homeland security training programs because of the 2007 Preparedness Directorate, for example, but many of these programs require experience in the field.

Two year programs at community colleges and vocational schools are another option you may want to consider if you are daunted by the prospects of a four-year program. There are different requirements for how to get into justice school depending on which type of institution you are applying to, but you will normally need a high school diploma or GED to enroll. These associate degree programs are good if you want to start a career as a security guard, forensic technician or paralegal.

If you have considered your options and have decided a full four-year degree is right for you, you will need to learn how to get into criminals justice school at a major university. Getting into a college criminals justice program requires getting into the school itself. Certain colleges are more competitive than others, so you should apply to several schools including some that are less competitive and some that are very hard to get into. It is important to take the application process seriously. Impress the schools with a good high school or community college GPA, high SAT or ACT scores, a well written admission essay, appropriate letters of recommendation and experiences that demonstrate leadership ability, community mindedness and responsibility.

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Getting Past an Apartment Background Check

May 7, 2010 on 12:03 pm | In Criminal Articles | No Comments

Most apartment complexes now conduct criminal background checks and this is in order to avoid discriminatory accusations of biased renting and also to protect their investments. Apartments also want to ensure that they keep their reputation as a safe neighborhood so existing tenants can renew their leases. All these factors weigh heavily into why apartments screen their prospective tenants. Another reason why apartments feel compelled to conduct criminal background checks is because they do not want their apartment to be a regular source of police activity and thereby drive rent prices down.

So if you have a criminal record, what are the tactics you can employ? There are a few tactics you can employ but one of the most effective is to get someone who is esteemed in society to vouch for your character. You can achieve this by getting someone like a pastor who knows you to write a letter to the apartment and state that he or she knows you and that you are a reformed person and an outstanding model citizen. To augment the letter, you can also write your own that also explains your side of the story.

One other thing you can include in your letters is the any membership to any community volunteer services. These can be extremely helpful and can sway the apartment manager into granting you an approval.

Apartment managers are also employees who also have bosses and upper management monitoring their actions. Sometimes the apartment manager does not have the freedom to grant you an approval and he or she may have to go to his or her manager. In our experience, if you present yourself convincingly, you may be granted an approval.

Renting an apartment with a criminal record can be a frustrating ordeal especially if you do not know where to start. You may end up with numerous denials which can really wreak havoc on your self-esteem. One thing to remember is not to give up and to think strategically because there is a solution no matter how bleak the situation.

You can also seek more advanced publications which can give you more tips on how to get past an apartment criminal background check.

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Your Personal Guide to Criminal Injury Compensation

May 5, 2010 on 8:13 pm | In Criminal Articles | No Comments

Being a victim of a violent crime like mugging, burglary or violence is often hard on the person and it entitles the victim to claim for suffering along with loss of personal items. This article will answer all your questions pertaining to criminal injury compensation so that you get the best compensation possible.

Criminal cases are often described as violent crimes that occur due to hatred. Mugging, burglary, rape, molestation and hitting a victim are considered as criminal offenses. Since these crimes occur due to no fault of the victim, the victims of such crimes are permitted to file for compensation provided they meet certain requirements. Victims are allowed to ask for compensation from the government for medical expenses incurred after the accident and for any pain or suffering the victim has gone through. If the victim has been hospitalized for a long time due to the crime then he can also claim for lost wages.

All criminal injury cases in UK are reported to the CICA that is the Criminal Injuries Compensation Authorities. While this department tries its level best to compensate all victims, it is not possible for them to compensate each and every victim mainly because not all cases are convincing enough. For this reason people who want to file for criminal injury compensation usually opt for solicitors to help them file their case.

The rules and regulations for filing for criminal injury compensation are complex and they usually cannot be understood by a person who has no legal knowledge. Solicitors who deal with criminal injuries on the other hand are well equipped to file claims on behalf of their claimants. Solicitors also collect evidence to ensure that the case is not rejected and the person gets the required compensation.

After the case is accepted an adjuster will contact the claimant to talk about the compensation amount. Most adjusters try their level best to make the claimant settle for an amount much lesser than what the claimant has asked for. If you have hired a criminal attorney to help you file the case then he will ensure that you get the maximum compensation. Solicitors also ensure that the case is approved and the claimant gets the compensation as soon as possible. Without a solicitor it can take more than 1 year to get the required compensation for criminal injuries.

Criminal attorneys that help claimants file for compensation can be found online through various websites. Most solicitors in UK have their own websites since the internet is the fastest way to reach a large number of people fast. Criminal attorneys can also be found through accident settlement companies. These companies also have websites on the internet that elaborate about the various benefits of opting for the company’s legal services. Accident settlement companies usually provide multiple types of legal services and they ensure that the claimant gets the maximum compensation possible.

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Criminal Profiling - Fact or Fantasy?

May 4, 2010 on 3:34 pm | In Criminal Articles | No Comments

In the field of criminology, real-world practitioners are sometimes intrigued by the gullibility of human perceptions. Of which, later on, we see the development of alleged expertise, purporting some new invention. Gee whiz gadgets and gizmos of feel good “psycho-babble” interfere with the realistic practical applications. These dreamlike conjectures typically involve replacing fact with fiction. Pseudo-science that hasn’t met the reliability of bone fide experiential authenticity. Usually, this impulse to speculation derives from sensational news reports. Television dramas, talk show “experts” or creative movie scripts fund the urban legends of criminal behavior theory. Careers are established, books are sold and movies unfold. Sooner or later, cottage industries are born. Instant “experts” invent themselves. Set up websites. Write stories about “serial killers” they’ve known. This is legerdemain of cunning tactics. Intellectual fortune telling at its finest. Because these things are related to marketing the product on principle. Thus, it is conceivable distance, we have been deceived by the duplicity of "Dangerous Minds". And this danger is black suited, sunglasses in the shade of interest. They reside in the sanctity of the sacred ivory tower and high-level government offices. Sites that produce the entire series. From "serial arsonist" serial bank robbers, bombers and "serial" killers. They are the real men inBlack "who exploit the fears and naivete of simple Greek mind?

Sometimes, government agencies, the theory of manufacturing systems academics in social policy. A process in which the error of inference leads to the hasty generalization. Then at one point, followed by the entertainment industry, from "scientific credibility" goes around the reality. The transformation occurs, and before you know, surrealism became a reality. Two dimensions duplicity inspires thoughtwith lots of fancy. Some politicians, the press, academics and priestly events are often very good at sleight of hand tactics. obvious pleasure in the notion of false understanding of the criminal mastermind. Unfortunately, too often, is that assumptions become models of implementation. Assumption, disguised as truth, end up affecting our criminal justice system.

As if these things were so simple when it comes to human thought.Myth, legend and fable to collect the titles and the excitement of "real life crime problems. This is particularly true with regard to the abundance of media fascination led alleged" criminal profiling. "Remember, even the the pleasures of ecstasy become psychic profiler. And the growth of the sector around her. Or, Career developed as a criminal profiler. "Academics to non-practitioners of all kinds, enslavement seems endless. Whateverensuing observations, perceptions clutch clutches of fantastic claims. Yet the man's motivations, intentions and libidinous inclinations must be resolved. People do not fall into the categories of smart labels affixed cut. The ideas, motivations and emotions are complex and unique to each person. Integration of neural networks link connections mysteriously complex. The people are extraordinary secrecy multiple angles. We change our actions, correct errors, setting priorities and avoidingdetection. It is difficult to quantify an individual suspected of simplistic models. decisions curiosity, the risk is ambitious and immoral hidden secrets of each of us harbors.

The spirit of "Alice in Wonderland is a powerful hallucination of the brain. His illusions are ready to grasp the size and feel needed. At the same time, the psychic also renews a reconstruction of what it receives. Subject the vulnerability of the imagination, mentalevaluation are subject to the power of suggestion. We know. Otherwise, why would we so easily think of a foreign criminal has been identified as a psychological "fingerprint"? Materializing a certain notion of fantasy, magically pulls a rabbit from a hat. On the misleading information, presumably on the basis of "scientific research", in time, the compounds of the deception. Reporters quoting official sources. Scholars cite other researchers, including news. The politicians use hiddenphraseology double talk situations. From "leading questions" to "suggestive comments" propaganda which complicates things at hand.

The collusion of myth to confuse authenticity, which might be true and what could be wrong. The trick lies near the edge of safety in most cases. Contrary to what is actually credible scientific evidence, based on evidence replicated. In police work, is potentially harmful to serious investigative procedures, asmurder. For the police officer is all about the test track. Not rabbit hunting. Confirmed scientifically verifiable forensic applications are essential. Instead of waving a magic moment drop "profile", we should focus on the analysis of crime scenes. What physical evidence tell us? The causal relationship between crime scene, victim, witness and the probable author. However, the scope of public entertainment became fascinated by the supposed "scientific"approaches. These are steeped in the pop culture of fad, fashion and flashy sexiness buff actors. In the long run, we confuse junk science with real police work. Criminalisitcs, in verifiable replications of credibility, take time. And, we’re about immediate gratification. Usually, this has a political agenda attached.

The television exploitation of the heroic “criminal profilers” masks the reality of the hard working real-world police officers, lab techs and criminalists. Even though that’s the entertainment business, the public, the press, politicians and some professors, transform fables into real life scenarios. Conjure up studies, theories and myriad speculations. Such fallacies of inference misguide us from the veracity of realistic authenticities. More often than not, we find the communal imagination captivated by “getting inside the criminal mind”. As if that were a place easily accessed. Imagine climbing inside something that’s an illusion created by neural networks. How do you get inside smoke and mirrors? You simply find a conduit, which appears to bridge imaginative notions between scientific methods and magical psychic abilities. Like the grinning Cheshire cat, you here one minute and gone the next.

Essentially, credible relevant data are woefully deficient when it comes to the contentions of “criminal profilers”. Not only that, but also the weight of significant scientific studies to support such claims. So, the question is asked, is criminal profiling fact or fantasy? Personal agenda or what? Our attraction to the crimes of murderers lures us to realm of homicidal misconceptions. Multi-murderers are very popular in all kinds of genre. Non-practitioners are very creative when it comes to the fictionalization of killers. From which, we sometimes forget the horror of real tragedies and complexities of police investigations.

Instead of the seductive fascination with the so called “serial killer”, suffice it to say their essentially multi-murderers. Whether they’re despots who commit genocide, demicide or ethnocide in the name of the nation-state. Or, the lone gunman, who murders several people at once. Each killer remains basically the same type of criminal, a murderer. Regardless of his or her motives, which may remain hidden. Killing another human is still murder. Yet, with “serial killers” for instance, these multi-murderers often get top billing. Summon the most “expert opinion” you can find. In response to such, we seem to relish in our dark side. News reports or television dramas provoke the fascination with these killers in repetitive depictions. The mental matrix of the audience becomes lured by the darkly appealing enticements. As the tales spin, the pseudo-sciences of sociology and psychology, equivocate theoretical constructs. The entertainment continues. And, some intellectual potions strongly influence our criminal justice systems. Subsequently, social policy emanates from hasty generalizations, unproven conjectures and spurious notions.

Chief among the pseudo-sciences, criminology borrows from other fields of alleged scientific inquiry. From which stem the theoretical conjecture of possibilities, along with infectious shortcomings. Nothing within the field of the “social and behavioral” sciences should be considered as any scientific. Understanding, defining and investigating various modes of human behavior rests upon theoretical structures. Good guesswork defines are comprehension of criminality. Speculations run the gamut of both bad and good intentions. At the same time, practical applications call out for a degree of veracity in the certainty of a logical conclusion. The truth begs for realistic credible ownership, reinforced by solidification of innovative forensic evidence. By way of distraction, conjecture of opinion does not bear witness to the reliability of proof. In the scheme of “criminal profiling”, or “psychic profiling”, linguistic sleight of hand often conceals the crystal ball of sociological trickery. Commercial exploitation by such “psychics” and other fortunetellers, interfere with effective law enforcement tactical operations. Forsaking the sanctity of relevant facts, evidentiary necessities and forensic analysis compete with apparitions of easy solutions. This provokes a leap to conclusions early in an investigation. Contradictions abound with the support of ambiguous assertions. Illusions of fact, supported by believable fictions, have much in common with palm readings and other divinations.

Across the modern landscape of social conformity, we have become so used to “legendary” postulations of “serial profilers”. So much so, that we’ve accepted the thrilling prospect of easy solutions. Instead of maximizing traditional detective processes, in which the crime scene plays a key role. We now want the quick solution by looking for the criminal’s “signature”. Our own sensual nature participates in our flirtation with inventive movie madness. By audacious imaginative claims, today’s detective genre now wants us to “read” motives, proclivities and intentions from the crime scene. Whereas, traditional investigative aspects included careful crime scene analysis. Gathering the facts of the case. Conducting neighborhood canvases. Analyzing forensic implications of physical evidence. Posting bulletins through the media outlets. Using informants, witnesses and so on. All of these are time consuming.

By contrast, we like the short cuts. That gets us into troubled waters. However, consider this point. With all the modern psycho-social aids to criminal investigations, over the last fifty years. Aside from the excellent advances in the forensic sciences. How come our solution rate is decreasing in the realm of violent crimes? Homicide is a good example. And, what about global homicide in general? After all, you’d think with millions spent on “criminal profiling”, violent crimes would become non-existent. And, with the plethora of “experts”, “profiling” career builders on the internet, and “psychic profiling” abilities, we should be ahead of the murder matrix. A lot of investment has gone into solving less than one percent of the crime index. Of which, the gap between clearance and unsolved is increasing. In addition, if you’re rounding up the suspects, following up clues, and assessing factual components. Then how effective is a “profile” anyway? Most of the time, information garnered from the public breaks the case. Solvability doesn’t rest on just getting one or two specifics correct after the fact. It’s before the fact that we need the analytical logic of the gathering significant details.

Often, in these “psychic” excursions, we later discover the unknown suspect turns out very different than the “profile” offered as a guess. Some are older, when thought to be younger. Others surprise us by being African American instead of Caucasian. Still, some are professional as opposed to blue collar. For the police officer, such things aren’t helpful if they’re half right, sometimes right and most of the time highly speculative. If research suggests, as in one study, that “profiling”, at best, only aided in two percent (2%) of the cases. Then our resources, assets and personnel need to be channeled into more productive probabilities. Also, in the proactive investigative process, we need to realize good budgets bust bad guys. That translates into officer training, education, experience, salaries, equipment and so forth. Not just clever typologies, putting people, places and things into convenient categories. Human behavior, and its alter ego, criminal nature, are much more complex than we’d like to believe. By contrast though, make-believe makes better headlines. Especially if you can make your predictions so vague, general and superficial, the inference will work no matter what the outcome. It’s a kind of shotgun approach under the pretext of “forensic psychology”. Whereby you suggest a whole bunch of possibilities. If you’re wrong, in time, the errors will be forgotten. Media attention will focus on what you guessed correctly. So, is “criminal profiling” fact or fantasy? Fairy tales are wonderful entertainment. However, they’re not amusing in the totality of the real-world murder rate and subsequent body count.

————-

References:

Blakeslee, S., Blakeslee, M., “Where the Mind and Body Meet”, Scientific American Mind Magazine, August/September 2007, Volume 18, Number 4, Scientific American, Inc., New York, NY; pages 50-51;

Wade, C., Tavris, C., Psychology - Eighth Edition, (Upper Saddle River, NJ: Pearson-Prentice Hall, 2006) pages 349;

Muller, D.A., “Criminal Profiling - Real Science or Just Wishful Thinking?, Homicide Studies, Vol.4 No. 3, August 2000, 234-264, Sage Publications, 2000;

“The Sham of Criminal Profiling”, an article by Bruce Sneier, November 14, 2007, from Sneier on Security, [http://www.schneier.com/blog/archives/2007/11/the_sham_of_cri.html;]

Gladwell, M., “Dangerous Minds - Criminal Profiling Made Easy”, Dept. of Criminology, November 12, 2007, The New Yorker, http://www.newyorker.com/reporting/2007/11/12/071112fa_fact_gladwell?currentPage=2;

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Criminal Justice Magazines

May 3, 2010 on 10:48 am | In Criminal Articles | No Comments

Criminal Justice magazines are useful to everyone who cares about the quality of the criminal justice system. They focus on practices and policies. Criminal justice magazines are, as a rule, serious magazines. However, they are lively and readable. Criminal justice magazines are mostly published by the criminal justice section of the American bar association. Criminal justice department includes over 9,000 members including judges, lawyers, law students, and other criminal justice professionals. Criminal justice magazines are published with the purpose of bringing the views of the American bar association to the attention of state courts and federal courts, judicial, and legislative bodies.

Criminal justice magazines are intended for readers such as defense lawyers, prosecutors, judges and other criminal justice professionals. Each issue of these magazines includes articles and regular columns. Moreover, there would be one thematic issue which focuses on some special point in the criminal justice system.

Articles in these criminal justice magazines cover wide variety of subjects. They address areas of importance to all segments of judiciary. Readers are invited to submit articles and letters for publication. These magazines frequently include juvenile justice issues such as juveniles on trial and juvenile death penalty. Criminal justice magazines often cover articles on role of computer forensic experts, abuse in prisons, narcotic-sniffing dogs, human trafficking, immigration laws, prison litigation reform act, crime rates of child victims etc.

There are certain guidelines followed by the editorial section of these journals - points can be explained with examples, use passive voice instead of active voice to avoid personal injury etc. As criminal justice magazines are not regular law journals, informal language can be used in them. Criminal justice magazines are circulated to libraries and individual subscribers.

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Criminal Court Records Searches

May 2, 2010 on 2:40 am | In Criminal Articles | No Comments

Criminal court records are a great resource if you are concerned over the background of any individual that you may be in contact with. They contain information concerning any convictions a person may have for criminal offenses committed in the past, and can help you to safeguard yourself, your property, money and family.

These records are completely legal for you to access so long as you are not intending to use them for any criminal or harmful purpose, and are made available under the Freedom of Information Act. So, it isOK for you to use this information to protect yourself and your interests, but it wold be a problem if you were intending to use them unfairly to harm someoneelse’s reputation or interests.

However, just because the records are free for the public to access does not mean that they are easy to locate. In fact, they can be rather difficult to track down because they are stored in so many different places! The full details that you need to do a complete search should include all the different sources nationwide, as a person may have lived in a different county or state in the past, and committed crimes there.

One option that many turn to in order to chase up all these different sources of information is private investigators, who are expert in finding this source of information. This is a legitimate option, and is definitely faster than looking for the information yourself. However, it can be very expensive, and for most people is more thorough than needed.

This is why there are a number of websites that offer the information you need in one place. They work by compiling the information from lots of different databases into one place, and cross referencing it so that you can find all the details you need for any one person, taken from all the records in the entire country.

While you may think that such a service would be very expensive to use, there are some sites that are surprisingly affordable. This is because there are so many security conscious customers these days who are willing to use services like these, which drives the prices down.

Click on the link below to see which site I recommend for criminal court records!

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Criminal History Search

April 30, 2010 on 11:01 pm | In Criminal Articles | No Comments

When it comes to protecting yourself or your family, there is nothing more important than thoroughly checking into the people that are coming in and out of your lives. Whether it is a new relationship or friendship, it is important to know a little bit about the person just to make sure that they are safe enough to be apart of your lives. While it may seem like a sad thing to have to do, it is important to make sure that you are taking full advantage of a criminal history search. You just never know when an innocent enough looking person could have a terrible past that could affect your future.

This type of search is usually done online and it is something that you can do on your own from the comfort of your own home. It is important to know though that you will generally have to pay a small fee for the criminal history search because of all of the records that have to be sorted through. Within a matter of minutes you will have access to all of the information you need to know whether or not the person you are researching is someone that you can trust in your home or with your family.

The small fee required for the criminal history search is something that is certainly worth it being you can get peace of mind. And since peace of mind and security is priceless, there should be no problem with getting some information on someone online. You have to be extra careful in today’s world because you cannot simply trust your gut anymore. Too many times people have been hurt by people they thought they could trust only to later find out that they should not have. If they would have only thought to get a criminal history search they could have protected themselves better.

Once you get the hang of the search process and see how easy it is to perform, you will be more willing to look into the past of every new person that comes into contact with your family. You can simply never be too cautious when it comes to protecting your family so the price and the few minutes spent on the criminal history search are more then worth it. Do not let your guard down and make sure that you are always expecting the unexpected as you will be much better off. It is certainly nothing you are going to regret, whether you find something or not on the person that you are searching for information on.

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Criminal Check Review - How to Get Criminal Background on People?

April 29, 2010 on 10:19 am | In Criminal Articles | No Comments

Want to know how to get criminal background on people with the Criminal Check website? This website is one of the easiest options to find public criminal records on the internet. Due to the increased demand for online background checking services, online criminal check websites have also grown in numbers in recent years.

What Are The Best Available Options To Get Criminal Background On People?

1. Use a FBI Search

This method usually requires you to have a lot of information about the person that you want to search for their records, like their fingerprints. It can be one of the most comprehensive options, but you may want to avoid this method if you do not want the person to know that they are being checked upon since the person may sometimes be asked for permission for the search to carry on.

2. Hire a Private Investigator

This option is the most expensive. Most private investigators will charge their customers more than $100 for every report that they produce, or they may charge based on hourly rates. These investigators usually have the licenses to allow them to access restricted databases that others would not be able to see.

When searching for past criminal records, you must be sure that you also have all the previous residences of the person you are investigating. Different countries may store different information about the person based on where the person was charged. To be sure that you get an accurate result, always ensure that you collect sufficient details before you start your search.

3. Login and Search at the Criminal Check Website

This is the best and fastest method in my opinion. I am able to pull up criminal records and also other information like marriage and divorce and court cases from the Criminal Check website about any person that I wish to investigate.

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A Brief History of the Insanity Plea

April 27, 2010 on 7:11 pm | In Criminal Articles | No Comments

The insanity plea is an affirmative defense. An affirmative defense means that the defendant acknowledges the crime happened, but does not believe he or she should be held fully responsible for one reason or other. As anyone could probably guess, a person who pleads insanity is arguing that he or she should not be held responsible because he or she is legally insane, or was at the time that the crime was committed.

This plea has sparked much controversy over the centuries. Some people are appalled by the idea that a murderer or other dangerous criminal could be “let off the hook” by claiming mental illness. Other people are equally repelled by the idea of punishing a person who is not capable of fully understanding or controlling his or her actions.

At the center of all this debate has been the attempt to settle on a legal definition of insanity. Many different standards have been proposed and used in different courts all over the world. Within the US, the legal understanding of mental illness has evolved into several different forms over time. In chronological order, these are the rules of thumb that have been used to settle insanity pleas in the US.

The earliest attempt to legally define insanity originated in England in 1843. It became known as the M’Naghten rule, after a paranoid schizophrenic who was found not guilty after shooting and killing a politician. This rule stated that a person could not be held legally responsible for criminal actions committed while suffering a mental disorder that either a) prevented them from understanding what he or she was doing, or b) prevented them from knowing his or her behavior wrong.

Some people in both the US and England felt this law was too lenient, and that a person should not be excused of crimes as long as he or she is capable of controlling his or her behavior. In 1887 the Alabama Supreme Court devised the “irresistible impulse test.” Under this law, people who wanted to plead insanity had to demonstrate that they were incapable of controlling their behavior when their crimes were committed. Several states adopted this law, which was criticized both for being too strict and too lenient by various parties.

Although the Durham Rule was first developed in New Hampshire in 1954, it was not widely used across the US until the 1950’s. This short-lived law declared that anyone whose crimes were caused by a mental illness was not responsible for his or her crimes. It should be noted that rather than being set free, people found mentally ill were incarcerated in mental hospitals, often indefinitely. Today New Hampshire is the only state still using the Durham rule.

The current definition of insanity used in every other state is an inability to understand the consequences of their actions or control their behavior. This may sound broad, but today the insanity defense is rarely attempted, and extremely rarely successful.

For more information about criminal defenses, contact the Milwaukee criminal defense attorneys Kohler & Hart.

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