Sample Essay on:
Juvenile Justice and the Insanity Defense

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Essay / Research Paper Abstract

A 10 page analysis of the variation which exists across states as to whether juveniles can utilize insanity defenses. While some states allow such defenses, others do not. In those states where juveniles are not allowed the insanity defense, the fact that the juvenile court system allows so much latitude has been used as basis for the prohibition of the use of the insanity defense. Bibliography lists 10 sources.

Page Count:

10 pages (~225 words per page)

File: AM2_PPjvInsn.rtf

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Unformatted sample text from the term paper:

one in our criminal justice system. That plea is sometimes an impossibility when the individual being tried is a juvenile. In several states, in fact, juveniles are allowed no provisions for pleaing mentally insane. The consequences of this can be quite severe. Theoretically, at least, these juveniles are subject to the full extent of the law in this case and are subjected to the possibility of even being put to death for their actions. This is only true, however, in cases in which these juveniles are being tried as adults, in cases where they have at their access every type of defense mechanism available to them as do adults, even the insanity plea mechanism. In those states where juveniles are not allowed the insanity defense, the fact that the juvenile court system allows so much latitude has been used as basis for the prohibition of the use of the insanity defense. The purpose of this paper is to address the concept of mental insanity in the criminal justice system and to more specifically answer the question of why, in some states, juveniles cant utilize that legal plea. This address is quite complex and relates to issues such as competency and differences between the adult and juvenile courts. We have struggled throughout history of how to deal with people that have committed a crime but are found mentally incompetent. The Eighth Amendment of the Constitution specifies that such individuals cannot be executed (Lombardi, 1997). The Washington Supreme Court in State v. Harris, 1990 clarified, however, that: "the capacities demanded for this competence are less than that required for competence ...

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