Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
Mr. Williams was arrested for abducting a ten-year-old girl in Des Moines, Iowa. Prior to the kidnapping, Williams had recently escaped from a mental hospital. Williams called a Des Moines lawyer and informed him that he’d like to turn himself in. The lawyer advised Williams that he would represent him as soon as he got back to Des Moines, however, while he was in Davenport he would call a lawyer he knew to represent him for the time being. He then advised Williams to turn himself in to the Davenport police.
The case in which I picked for my Case Report was Robert Clark was convicted in 1982 of rape, abduction, and armed robbery. He has vehemently maintained his innocence for 24 years, contending that an incorrect eyewitness identification led to his conviction. Postconviction DNA testing revealed in November 2005 that Clark was not the criminal. In light of this fresh information, Clark was freed from prison on December 8th, 2005, and his conviction was overturned. Moreover, The victim was kidnapped from a parking lot in East Atlanta, Georgia, on July 30, 1981.
If the Durham rule had been used, Dr. Jones would have been able to explain this, and that would have almost certainly influenced the opinion of enough on the jury to avoid the death penalty. While Dick was most likely headed for Death Row regardless, had Dr. Jones been allowed to testify as to Perry’s mental abnormality, he might have
In 1967 two men robbed a bank in Eustace, Texas. One man, with two pieces of tape on his face, went into the bank, pointed a gun at the cashier and demanded the money. His partner waited outside in a stolen getaway car. Wade and his partner were indicted for the robbery and counsel was appointed. About two weeks later, a FBI agent caused the two men to be part of a lineup consisting of five or six other men at which the bank employees were asked to make an identification, and at which the two men were in fact identified.
The court case, Kent vs. United States took place in 1966. This case was about Morris Kent, a 16-year-old boy who had been on probation since he was fourteen. Morris has just been arrested again for three counts of home burglary, three counts of robbery, and two counts of rape in the state of Washington. Because of the seriousness of his charges and the fact that he had been in court before, prosecutors attempted to have Morris tried in adult court. Because of this, Kent's lawyer told the judge that he had a mental illness while committing these crimes, he wanted Morris to stay in juvenile court, where the penalties would be much less severe.
Christopher Simmons was a seventeen year old juvenile from Missouri whom in 1993 along with two of his friends, Charles Benjamin and John Tessmer, planned to rob and murder Shirley Crook in her home (Roper v. Simmons, 2004). On the night the crime was to be committed, Tessmer pulled out of the plan, and Simmons and Benjamin would continue on as planned. The two broke into the Ms. Crook’s home, robbed her, tied her up, covered up her eyes, then drove her to a state park and threw her off a bridge. During the trial, evidence, videotaped reenactment and testimony outlining the premeditated plan, allowed for the jury to easily convict Simmons of the crime. Even though Simmons had no previous criminal record and was a minor at the time the crime was committed,
In the case, Kennedy v. Louisiana, Patrick Kennedy was convicted of aggravated assault. Specifically, the raping of his eight-year-old stepdaughter. The capital punishment for rape of a child under twelve years of age in the state of Louisiana was a death sentence. 1 Evidence: At 9:18 A.M., on March 2, 1998, Patrick Kennedy had called 911.
Rodney king, born in Sacramento, California in 1965 and grew up to be known as a polite yet not very intelligent child and teenager. King was a high school dropout and a single father with a history of criminal activity. Rodney King was most famously known for his court battle against L.A.P.D. officers Stacey Koon, Laurence Powell, Ted Briseno, and Timothy Wind . On March 3, 1991 two crimes occurred involving King, one of which he was the offender and the other where he was the victim. On this Saturday night at 12:50 am Rodney king was driving his white Hyundai under the influence of alcohol along with his two fiends Freddie Helms and Bryant Allen.
Justice Tindall, whom was present at the M’Naughten trial when the insanity plea became a legal defense, breaks these rules into 3 statements. “Every person is presumed sane unless the contrary can be proven otherwise” (Allnut, et al. 293), which in this case it cannot. “A person suffering a ‘partial delusion’ should be dealt with as if the circumstances of the delusion was real” (Allnut, et al. 293). If Minnie was suffering from some sort of delusions, she would have used that as an excuse once Mr. Hale found her or would’ve had some crazy story on what happened. She got straight to the point.
The court dismisses the plea quickly because “the justice system ignores psychosocial complexities and histories in favor of black and white definitions of right and wrong” (Myers). The justice system in this time very rarely accepted pleas of insanity or mental illness. Capote wrote that “after an hour’s conversation with the defendants, the doctor rule[d] out that neither man
Case Brief Title & Citation: 1. Kent V United States 2. 383 U.S. 541 (1966) The Facts: The police detained and questioned 16-year old Morris A. Kent Jr., in connection with several incidents involving theft by force and rape. After admitting to having some involvement, the juvenile court canceled its legal control, allowing the court to try Kent as an adult.
Should the Not Criminally Responsible Law Remain in Canada? As of 1992, the Canadian Criminal Justice system introduced a new Law to its Criminal Code. NCR stands for “Not Criminally Responsible.” It is defined in section 16 of the Criminal Code."
If an insanity plea is successful, it can be implied that mental illnesses can be dangerous or harmful. Also, that the person with the mental illness is going to be treated and hopefully learn how to handle such an illness. Then perhaps that person can go free after a while. On the other hand, if an insanity plea is unsuccessful, then it can be implied that the person with the illness may not get treatment. Although, if the person is just using a mental illness as an excuse, then he or she is giving other people with a mental illness a bad name.
"The State of California versus Scott Lee Peterson (Case number 1056770, 2005)", was an interesting case. This case was interesting because Laci was a very beautiful and seemingly young, friendly, and happily pregnant woman with lots of friends. Her husband, although attractive, had a kind of macho tough guy womanizer type of persona about himself. It is hard to believe or fathom someone being so cruel as to kill their pregnant wife, regardless of their marital problems. Laci came up missing on December 24, of 2002, the day before Christmas.
