Man With Rare Medical Condition Goes on Attack, Claiming Government Experimentation - Essay Sample

Introduction

Tortorici was born with a rare medical condition called hypospadias, which caused him to suffer mental illness. Tortorici claimed that a microchip had been planted in his penis, which caused him to molest young girls. He was admitted to a psychiatric center because it was believed that he was delusional. Later, he stormed into a classroom and attacked students saying that the government should stop experimenting on the citizens. He was arraigned in court, but the medical professional said that he was not fit to understand the court process. However, Tortorici was sentenced for his action. He appealed the case, and the court asked the experts to examine his capacity to handle the court process. Consequently, the defendant was put in a maximum prison, where he committed suicide in the cell.

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The Legal Definition Used in the Case to Determine Whether Tortorici was Competent to Stand Trial

The issue is not whether the defendant was insane, the issue is that Tortorici had done a bad act and his conduct was wrong, which is legally immoral. That is why the court of appeal rejected Tortorici's insanity plea. He was later convicted of the charges of shooting a student, and the judge refused to accept that he was insane.

The Legal Definition for Competency to Stand Trial in Your State

In my state, a judgment should not be made for criminal action if there is reasonable ground to believe that a defendant is insane and incapable to understand the charges (Filone and King, 2015). If the defendant cannot understand the charges, it is essential to direct professionals to examine his medical condition.

Hypothesize as to the Outcome if Tortorici had Faced Trial in Your State

If Tortorici had faced trial in my state, the court verdict would be the same. The judge has to assess the legal moral of the case. In this case, Tortorici had harassed and shot a student, which is morally wrong. However, it is crucial to assess the patient because of his mental state, which may affect his understanding of the case or court proceedings (Filone and King, 2015).

The Legal Requirements for Restoration of Competency in Your State

To continue with the legal process, it is important to restore the defendant to competency (Heilbrun and King, 2017). The process involves the defendant consulting with his lawyers, who will advise the defendant about the case to have a factual understanding of the legal processes. In addition to this, if the defendant has a mental illness, it is essential to request medical professionals to assess him to determine if he is fit to understand the legal proceedings (Heilbrun and King, 2017).

References

Filone, S., & King, C. M. (2015). The emerging standard of competence in immigration removal proceedings: A review for forensic mental health professionals. Psychology, Public Policy, and Law, 21(1), 60.

Heilbrun, K., & King, C., (2017). Forced Medication and Competency to Stand Trial: Clinical, Legal and Ethical Issues.