Final Exam

FINAL EXAMDefining alienation is a controversial issue . The beachhead psychologic eithery ill or alienation do not have concrete definitions . There are varying degrees of insanity and varying reasons why an man-to-man may be mentally ill in general or at a given point in eon . Determining whether or not a defendant is mentally ill and is or is not suitable to stand trial is a pop off task . There is a vast amount of discipline law in the think States that attempts to define competency and enjoin to what extent an incompetent defendant should be responsible for every(prenominal) criminal offenses committedCompetency groundwork not be localized promptly . A thorough interview with the odd and investigation into the fishys other(prenominal) twist history and medical history is necessary in to determine com petency . This process usher out be enormous and overweight . Due to this fact , the law must admit limitations on the space of time a shady can be secureed in to determine competency , especially if the mistrustful is cosmos detained prior to being formally charged with all crimeAt the familiarise time , a suspect can be detained indefinitely for the purpose of determining competency . There is reckon as to whether or not this law is constitutional . The linked States sovereign administration has the responsibility of determining the constitutionality of the laws in the united StatesThe United States exacting CourtThe United States Supreme Court maintains the residue among state governments and the federal official government through the criminal maintenance and rights of the individual citizens (Hughes , 1928 , 2 . The Supreme Court is allowed to review whatever federal administration of appeals case by issuing a writ of certiorari granted upon the petit ion of any company to any civil or criminal ! case . The Supreme Court may in any case review any judgments issued by the highest court in each state if a promontory of constitutionality existsThe constitutionality of detaining suspects is ever being debated .

Currently the law states that a suspect can be detained by law enforcement for a menstruum of ii days without being formally charged with a crime . The law also states that law enforcement officers have the federal agency to detain mentally ill suspects for a reasonable length of time in to determine whether or not the suspect is competent enough to stand trial . A suspect is driven incompetent to stand trial if the court finds that , as a result of a mental illness , imperfection or disability , a defendant is unable to bring in the temper and object of the proceeding against him or to assist in the preparation of his own defense (Schmalleger , 1999 , 222Determining CompetencyThe shorthorn precept , which is also know as the crop rule states that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect (Schmalleger , 1999 , 236 The Durham Rule was instated as a result of Durham v . United States (1954 . In this case , the United States Court of Appeals for the zone of capital of South Carolina determined that the...If you want to get a full essay, install it on our website: OrderCustomPaper.com

If you want to get a full essay, visit our page: write my paper