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The insanity defense,also known as the mental disorder defense,is an affirmative defense by excuse in a criminal case,arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation,in which the defendant is responsible,but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel,from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty,and from involuntary civil commitment to a mental institution,when anyone is found to be gravely disabled or to be a danger to themself or to others.
Involuntary commitment,civil commitment,or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified person to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs,including involuntary administration. In many jurisdictions,people diagnosed with mental health disorders can also be forced to undergo treatment while in the community;this is sometimes referred to as outpatient commitment and shares legal processes with commitment.
Hillsdale College is a private,conservative,Christian liberal arts college in Hillsdale,Michigan. It was founded in 1844 by members of the Free Will Baptists. Women were admitted to the college in 1844,making the college the second-oldest coeducational educational institution in the United States. Hillsdale's required core curriculum includes courses on the Great Books,the U.S. Constitution,biology,chemistry,and physics.
Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a "mental abnormality" or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility. In the United States,twenty states,the federal government,and the District of Columbia have a version of these commitment laws,which are referred to as "Sexually Violent Predator" (SVP) or "Sexually Dangerous Persons" laws.
Coalinga State Hospital (CSH) is a state mental hospital in Coalinga,California.
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27,2006. The Walsh Act organizes sex offenders into three tiers according to the crime committed,and mandates that Tier 3 offenders update their whereabouts every three months with lifetime registration requirements. Tier 2 offenders must update their whereabouts every six months with 25 years of registration,and Tier 1 offenders must update their whereabouts every year with 15 years of registration. Failure to register and update information is a felony under the law. States are required to publicly disclose information of Tier 2 and Tier 3 offenders,at minimum. It also contains civil commitment provisions for sexually dangerous people.
Samuel James "Jimmy" Ryce was a child who was abducted,raped,and killed by Juan Carlos Chavez in Redland,Florida,United States. On Wednesday,February 12,2014,Chavez was executed at Florida State Prison in Raiford.
Atascadero State Hospital, formally known as California Department of State Hospitals - Atascadero (DSHA),is located on the Central Coast of California,in San Luis Obispo County,halfway between Los Angeles and San Francisco. DSHA is an all-male,maximum-security facility,forensic institution that houses mentally ill convicts who have been committed to psychiatric facilities by California's courts. Located on a 700+ acre grounds in the city of Atascadero,California,it is the largest employer in that town. DSHA is not a general purpose public hospital,and the only patients admitted are those that are referred to the hospital by the Superior Court,Board of Prison Terms,or the Department of Corrections.
Rennie v. Klein,462 F. Supp. 1131,was a case heard in the United States District Court for the District of New Jersey in 1978 to decide whether an involuntarily committed mental patient has a constitutional right to refuse psychiatric medication. It was the first case to establish that such a patient has the right to refuse medication in the United States.
Estelle v. Smith,451 U.S. 454 (1981),was a United States Supreme Court case in which the Court held that,per Miranda v. Arizona (1966),the state may not force a defendant to submit to a psychiatric examination solely for the purposes of sentencing. Any such examination violates the defendant's Fifth Amendment rights against self-incrimination as well as the Sixth Amendment right to counsel,and is therefore inadmissible at sentencing.
A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders,including those who have completed their criminal sentences.
Robert James Jonker is a United States district judge of the United States District Court for the Western District of Michigan.
The Julia Tuttle Causeway sex offender colony was an encampment of banished,registered sex offenders who were living beneath the Julia Tuttle Causeway—a highway connecting Miami,Florida to Miami Beach,Florida,United States—from 2006 to April 2010. The colony was created by a lobbyist named Ron Book,who wrote ordinances in several different Miami-Dade County cities to restrict convicted sex offenders from living within 2,500 feet (760 m) of schools,parks,bus stops,or homeless shelters. Since Book was also head of the Miami Homeless Trust,he was also in charge of finding housing for the released sexual offenders. Under these ordinances,the only areas where sex offenders could legally reside within Miami-Dade County were the Miami Airport and the Florida Everglades. Miami-Dade laws are significantly stricter than State of Florida laws on residency restrictions for sex offenders. Florida state law required that no sex offender could live within 1,000 feet (300 m) from "where children gather". Under that requirement,housing was possible;however,because of Book's lobbying,the Dade County Commission increased that number to 2,500 feet (760 m),thereby banishing hundreds of local citizens who then began gathering under the Julia Tuttle Causeway.
Archuleta v. Hedrick,365 F.3d 644 was a pro se petition for a writ of habeas corpus filed in the U.S. Court of Appeals for the Eighth Circuit in October 2002,appealing the dismissal of a case brought by defendant Benjamin Archuleta. Archuleta had been found not guilty by reason of insanity of assault and subsequently ordered to be confined in a prison mental hospital by the United States District Court for the Western District of Missouri after his successful insanity defense,as he was evaluated by a psychiatrist as dangerous. His appeal challenged this confinement and "forced treatment",requested a withdrawal of his original insanity defense,and sought his unconditional release from custody.
The Supreme Court of the United States handed down nineteen per curiam opinions during its 2009 term,which began on October 5,2009,and concluded October 3,2010.
United States v. Kebodeaux,570 U.S. 387 (2013),was a recent case in which the Supreme Court of the United States held that the Sex Offender Notification and Registration Act (SORNA) was constitutional under the Necessary and Proper Clause.
Involuntary commitment or civil commitment is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily.
The constitutionality of sex offender registries in the United States has been challenged on a number of state and federal constitutional grounds. While the Supreme Court of the United States has twice upheld sex offender registration laws,in 2015 it vacated a requirement that an offender submit to lifetime ankle-bracelet monitoring,finding it was a Fourth Amendment search that was later ruled constitutionally unreasonable by the state court.
Gundy v. United States,No. 17-6086,588 U.S. 128 (2019),was a United States Supreme Court case that held that 42 U.S.C. § 16913(d),part of the Sex Offender Registration and Notification Act ("SORNA"),does not violate the nondelegation doctrine. The section of the SORNA allows the Attorney General to "specify the applicability" of the mandatory registration requirements of "sex offenders convicted before the enactment of [SORNA]". Precedent is that it is only constitutional for Congress to delegate legislative power to the executive branch if it provides an "intelligible principle" as guidance. The outcome of the case could have greatly influenced the broad delegations of power Congress has made to the federal executive branch,but it did not.
The Honorable Stephanie Rhoades served as a District Court Judge in Anchorage,Alaska,from 1992 to 2017. Judge Stephanie Rhoades founded the Anchorage Coordinated Resources Project (ACRP),better known as the Anchorage Mental Health Court (AMHC). AMHC was the first mental health court established in Alaska and the fourth mental health court established in the United States. Legal scholars suggest in the Alaska Law Review that mental health courts are to be considered therapeutic jurisprudence and define crime that deserves therapeutic justice as “a manifestation of illness of the offender’s body or character.”They follow that crime that falls under this definition “should be addressed through treatment by professionals.”
References
- 1 2 Gordon Jay Quist at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .
- ↑ "Administrative Order No. 22-CA-116" (PDF).
- ↑ Dianna B. Henriques, "A Reservist in a New War, Against Foreclosure", New York Times, 27 January 2011
- ↑ "Despite law, homeless sex offenders can stay at shelters near schools, judge rules", Detroit Free Press, 30 December 2011
- ↑ CLIFFORD CHARLES TYLER v. HILLSDALE COUNTY SHERIFF’S DEPARTMENT, et al., No. 13-1876 (6th Cir.December 18, 2014)("Because Tyler’s complaint validly states a violation of the Second Amendment, we reverse and remand.").
- ↑ "Despite time in psychiatric hospital, man can challenge gun ban, appeals court says". 19 December 2014.
- ↑ "Second Amendment rights violated over long past mental-health issue, Hillsdale man says". 27 July 2012.
