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.
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.
Cite this page
Man With Rare Medical Condition Goes on Attack, Claiming Government Experimentation - Essay Sample. (2023, Jan 20). Retrieved from https://midtermguru.com/essays/man-with-rare-medical-condition-goes-on-attack-claiming-government-experimentation-essay-sample
If you are the original author of this essay and no longer wish to have it published on the midtermguru.com website, please click below to request its removal:
- Social Worker Placement: The Story of Betty
- Implications of Nursing Theory in Validating Research Knowledge Towards Evidence-Based Practice
- Statement of Personal Philosophy
- Essay Sample on Bio Ethics: Moral Permissibility of Abortion
- During American civil war, the North had historically been identified as states that were free and ones which opposed Confederacy and slavery. The struggle against secession as well as slavery obscured the reality. As early as 1796, the terms South and North were used as a warning against dangers of political differences which existed bringing forth prevalence of unions in the North more than the South. In the North, West, and Midwest states, development was majorly characterized by a system of agricultural diversity, commercial vigor, and free labor. Towards the end of World War 11, labor and politics in the North West, and Midwest states were having a unionization rate of approximately 40 per cent (Timothy, 2006). The New Deal party was favoring formation of Unions unlike in the South. The party was also promoting formation and growth of bill of rights of the North economy and National health insurance. In the Southern, there was low unionization rate and also the political climate did not favor the formation of unions. The Southern reactionary politics had pulled the political economy of America to the right, hence becoming a barrier to the establishment of a social welfare style similar to that of Europe and also undermined the formation of unions and wages of unions in the South (Peter, 2017).
- Essay Sample on Diabetes Mellitus
- Mental Illness as a Subculture: Common Attitudes and Beliefs - Essay Sample