Mental health in courts
this is a follow up assignment. the last two assignments are attached
please answer all the questions. each question in separate paragraph.
please only use attached links for references. no outside resources are allowed
Mental Health in the Courts Part II due Sunday November 8
Refer back to the last two assignments, PL 40.15 CPL 730 .
Consider the facts as reported in the following New York Post articles, you can look up the cases or just take the facts as stated. If you are unable to access the links, type the name of the article in your search engine. If you still have difficult, let me know by 6 pm on Friday.
Apply the law to the facts. Do not make conclusory statements,support them with the facts. For example: the defense attorny, or the Judge, or the prosecutor will ask for a mental health examination, the defendant wil be examined by two independent psychiatic examiners, they will prepare a report, based on their observations -detail them- they will make a report, then follow up with the challenges, indicate why the defednant is not an in incapacitated person , the take role of prosecutor point out why he is not incapacitated. THen discuss the elements of the insanity defense point out the act which show he is insane, is not insane. For this exercise you should assume 3 sides, defense, prosecution, judge. Assignment does not have to be long, it should be short but substantive.
https://nypost.com/2020/10/23/man-who-shoved-woman-onto-times-square-subway-tracks-busted/
https://nypost.com/2020/10/16/alleged-nyc-subway-saboteur-melts-down-in-court-spits-on-officers/
De Blasio: Arrest coming ‘soon’ in assault on journalist in Borough Park
‘Showtime’ goes awry in a hurry as subway breakdancer hits straphanger with speaker
Off-duty cop punched in the head by unhinged stranger in Queens
Man allegedly beat girl in mall food court for rejecting advances
https://nypost.com/2020/10/07/jewish-man-punched-in-face-in-unprovoked-brooklynattack/
Assume you are a defense attorney and determine if the
suspects meet the requirements for an insanity defense or CPL 730 exam,then assume you are the prosecutor and argue why the Defendants do not meet the requiremets for a 730 exam and are are not insane. Be as thorough as possible. There are no right or wrong answers for this part. This exercise is designed to expand your understanding of mental health issues in the criminal court process.
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