Guilty But Insane

For this week’s assignment, you will evaluate criminal justice in selected countries. Since mens rea refers to criminal intent, the concept of guilty but insane sounds like an oxymoron to most people. Chapters 1 and 3 in the course text discuss international perspectives on criminal law. Find additional credible sources to research criminal intent in Great Britain and Norway. The Daniel McNaughton and Anders Breivik cases might be helpful. These cases are notorious for the guilty but insane defense in Great Britain and Norway.

For your assignment

• Assess how criminal intent in these two countries differs from the United States when it comes to an insanity defense.
• Describe at least one case in each country (Great Britain, Norway, and the United States) where this defense has been used successfully.

The paper

• Must be at least three double-spaced pages in length (not including title and references pages) and formatted according to APA style as outlined in the Writing Center (Links to an external site.).
• Must include a separate title page with the following:
  • Title of paper
  • Student’s name
  • Course name and number
  • Instructor’s name
  • Date submitted
• Must use at least three credible sources in addition to the course text.
  • The Scholarly, Peer Reviewed, and Other Credible Sources (Links to an external site.) table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
• Must document all sources in APA style as outlined in the Writing Center.
• Must include a separate references page that is formatted according to APA style as outlined in the Writing Center.

Required Resource

Text

Reichel, P. L. (2018). Comparative criminal justice systems: A topical approach (7th ed.). Upper Saddle River, NJ: Pearson Education, Inc.

• Chapter 1: An International Perspective
• Chapter 3: An American Perspective on Criminal Law

Recommended Resources

Articles

Baumann, P. T., Brown, J. O., & Subrin, S. N. (1992). Substance in the shadow of procedure: The integration of substantive and procedural law in Title VII cases (Links to an external site.). Boston College Law Review, 33(2), 211-303. Retrieved from http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1948&context=bclr

• This article discusses substantive and procedural law in depth and provides an understanding of these law concepts.

Gerdy, K. B. (2000). What is the difference between substantive and procedural law? And how do I research procedure? (Links to an external site.) Perspectives: Teaching Legal Research and Writing, 9, 1-4. Retrieved from http://info.legalsolutions.thomsonreuters.com/pdf/perspec/2000-fall/2000-fall-3.pdf

• This article discusses the differences in substantive and procedural law. It further discusses how to research procedural laws.

Melville, J. D., & Naimark, D. (2002). Punishing the insane: The verdict of guilty but mentally ill (Links to an external site.). The Journal of the American Academy of Psychiatry and the Law, 30(4), 553-554. Retrieved from http://www.jaapl.org/content/30/4/553.full.pdf

• This article discusses the implications of the guilty but insane and guilty but mentally ill verdicts.

United Nations Office on Drugs and Crime. (2012). Digest of organized crime cases: A compilation of cases with commentaries and lessons learned (Links to an external site.). Retrieved from http://www.unodc.org/documents/organized-crime/EnglishDigest_Final301012_30102012.pdf

• This publication discusses various criminal cases in the United States, Columbia, Italy, and Interpol.

Web Page

PBS. (n.d.). Insanity defense FAQs (Links to an external site.). Retrieved from http://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html

• This site will help students understand the insanity defense and what exactly the insanity defense means.