CRIMINAL LAW - CASE ANALYSIS - CHAPTER 5

Chapter 5 Case Analysis and Writing Exercises QUESTION 1 & 2

Review the Chapter 5 Case Analysis and Writing Exercises, Questions 1 and 2, which asks students to consider whether force was justified under different circumstances. Share your personal reaction to the issue of force (with a firearm and without a firearm), and the research you did on your state’s law and how it would apply in those circumstances.

Criminal Law
Case Analysis and Writing Exercises
Page 128

In such cases, what does incompetency mean?
Incompetency means that a person has a mind that is clinically diagnosed as being unsound,
deranged, impaired in function with a possible low i.q. and suffers deterioration, illness or
Psychosis. Further because this lack of ability to understand any attempt to relay legal jargon is incapacitated and renders this person incapable of understanding judicial proceedings. Consequently, a determination has to be done to determine a possible level of competency exists and has to be represented by counsel always. To substantiate that this condition exists…physicians and other qualified persons will need to be examined, investigated and represent an alleged incompetent until confirmed incompetence exists.
http://definitions.uslegal.com/i/incompetent-persons/
Is incompetency the same as not guilty because of insanity?

No, incompetency is an affective disorder of the mind which reflects severe disallowance of proper functioning and understanding whereas being judged guilty by insanity reflects utter incapacitation and requires committance to a mental institution under the laws of that state (or federal government).
What procedures is used if a defendant is found incompetent to stand trial?
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Following four approaches:
(1) Cognitive incapacity; (2) Moral incapacity; (3) Volitional incapacity; and (4) the Product-of-mental-illness.
M’Naghten Rule combines 1 & 2 as a test of stability; Number 3 is called the “substantial capacity” rule and Number (4) is usually referred as the “product rule”.
Adopted by the states are as follows.
M’Naghten Rule 17 states and the federal governments have adopted this ruling.
Cognitive Capacity Approach One state has adopted this ruling.
Moral Incapacity Approach 10 states have adopted this ruling.
Volitional Incapacity Approach 14 states most using Model Penal Code’s “substantial capacity” as a model.
M’Naghten Rule with “substantial capacity” 2 states have adopted this ruling.
“product-of-mental-illness” Approach 1 state (New Hampshire) has adopted this ruling.

Share your personal reaction to the issue of force (with a firearm and without a firearm), and the research you did on your state’s law and how it would apply in those circumstances.


Scenario
Student under 21 years of age
1. Student arrested and had possession of gun.
2. Student arrested after conflict and usage of gun and firing at police or authority figure.
Force with a firearm or without to disarm student.
Scenario 1
In regard to this scenario no force is necessary if the student is willing to release and allow possession of gun to be relayed to police or person of authority. Violation of MCL.28.422 – NO LICENSE OR PERMIT TO PURCHASE.

Scenario 1
If a student causes a physical altercation with an authority figure without a gun in usage the person attacked has the right to protect self and if it is a life threatening situation or if that student has been instructed in physical combat he/she has the right to use force…deadly if life threatening or regular if non-life threatening. Protected under the Stand-Your-Ground Law is reasonable justification to protect self especially if attacked in your home.
PER CASE – BEARD v. U.S. (158 U.S. 550 )
http://supreme.justia.com/us/158/550/case.html (1895)
Scenario 2
In regards to this scenario force with gun is allowable if fired upon by student. The determination to use deadly force will be determined if the police or authority figure is in danger of losing life on or off duty. However if the threat is contained then regular force can be used.
Examine the rules of your state concerning use of force to discipline children. Describe how much force can be used, under what circumstances, and if the rules surprised you.
Under the rules of the State of Michigan (Excerpt from http://falseallegations.com/michigan.htm)
1. Parents cannot spank their child…therefore meaning no physical contact to discipline at all.
2. Parents cannot engage in physical self defense to protect themselves from a physically hostile teenager. Recommendation call police and remove to juvenile receiving home.
3. Parents cannot argue or talk about adult subjects…such as family finances in front of children.
4. Parents with low income are neglecting their children’s basic needs. Low income cannot provide for the proper medical, physical or emotional needs of their children due to their limited income.
5. Parents that fail to take their child to the family physician for colds, flu, sniffles and mild congestion, or parents who fail to obtain a family pediatrician are neglecting the medical needs of their children. FIA has classified this as medical neglect.
6. Parents who own pornographic materials, such as magazines, books, video tapes, and conceal such materials from their children have created environmental and emotional neglect of their children.
7. Divorced, single parent families seem to be targeted by FIA as high risk environments for emotional and environmental neglect.
8. Leaving children unattended or with appropriate care takers’ (neighbors, older siblings, grandparents, relatives) causing environmental and emotional neglect of the child.
The rules were so varied and surprising that I listed as many as possible. I did not think that a mere tap
On the butt was offensive and detrimental to a child physically.