All you do is establish with one or two experts that

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All you do is establish with one or two experts that the criminal had some form of temporary insanity Other forms of insanity (actual, non-temporary insanity) have lots of experts If you’re found guilty, then you’re sent to an institution Fourth change in criminal insanity Washington DC Creation of the General Rule o Don’t talk about specific forms of insanity o Instead, set up different criteria o If there is an aberration… I think this was to say something like, if there is an aberration in what someone does (in his or her mindset), then you evaluate him or her against that criteria Durham o If you set up rules, you open the floodgates for a lot of people trying to find any sort of aberration in people’s mindsets to defend them For example, kid plays game, kills in game, then kills in real life o People will find ways to apply their case to those criteria, regardless of what their case may be o The definition of insanity became adapted to fit cases Negative side of criminal insanity o Society can get hurt – the chicken guy Killed professional women, went to prison, acted like chicken, went to insane asylum, became “cured”, then released to society, but killed again
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This happened two times before he was finally placed permanently in an insane asylum o Psychiatry becomes more of an art – it’s hard to classify everything since the human mind is so complex Now, more and more courts are changing in the sense that people cannot just be not guilty – they can also be guilty You are guilty but insane o Before, it was you’re not guilty, but insane o Once you are no longer insane (after the institution), you can be prosecuted There is change in criminal law, but it is slow Change over time o Consumerism – 1960s Change, but it is fast In a contract, there are two parties: A and B These parties agree to the contract But sometimes one party has a lot more power than the other (for example, when you buy a car from GM, GM has a lot more power) Consumerism changes the contract from two party to three party Government steps in o Protector of consumer o Government tries to create level playing field For example, when a car has a general defect, the government orders a recall o 50 years ago, this did not happen It was your problem You could sue, but it was tough The most common lawsuit today is product liability Second is divorce The reason this works is that the government (at whatever level) steps in
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