Traditional law did not take criminal insanity into

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Traditional law did not take criminal insanity into account Did you do it or not was the only thing to look at Germans shipped their insane to France The British made institutions for mental Bedlam was an institution (used to be called Bethlehem) o Used to house criminally and civilly insane o Received gifts to support it o Inmates were very poorly supported – terrible conditions
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o They couldn’t do much There was no treatment for insanity, or medical care o If you got cured, you left If not, you stayed o An administrator decided they needed money desperately What could they use to get money? They put people in their cells and put them on display o People would throw them money to the people Money meant better conditions This increased to a huge degree, to get even better conditions In America, insanity was a family matter In 1843, British courts establish the first rule of criminal insanity? McNaughton’s case o If you do not or cannot understand the different between right and wrong, you are criminally insane You cannot formulate the intent to do wrong o Developed the right-wrong test We still use this test today in many states McNaughton applied to be a policeman and was turned down by Bobby Piel o Police cars are called Bobbys (from Bobby Peel) o Peel established police force No change in definition of criminal insanity for another 80 years 1920s – Chicago Two college kids convince themselves they are supermen and could commit crime with no consequence o Did not do simple crimes since their families were wealthy and could bail them out o Decided to kill Bobby Franks – next-door neighbor Dumped body in drain cover Were convinced that they would never be caught since they were superior One boy dropped glasses on body by accident Were caught, and boys admitted guilt Clarence Darrow o Lawyer who defended boys o Wanted to be immortalized in the law o Defined new sense of insanity Said the boys had compulsions – they were compelled in their minds to commit the crime
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Boys were not found not guilty o Darryl created this new concept of compulsion o Also defended teacher who said it was necessary to teach evolution (Scopes vs. Monkey) o Took unwinnable cases and won them o Typically, the prosecution has the burden of proof Defense needed to create some doubt o A showman Third change in criminal insanity (100 years later) Temporary insanity (often apply to crimes of passion) o If you get out of the trial with no charges successfully brought against you, you go free o I was sane, something happened, I became insane, then I did something, but now I’m sane again o
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