The Insanity Defense

 

Over the course of seven years, a mother has five babies and they all die during the first months of their lives. Doctors conclude that each child died from Sudden Infant Death Syndrome (SIDS) commonly known as “crib death”– the unexplainable cause of death for 7,000-8,000 American babies each year. The woman’s family doctor publishes an article about her family to show how SIDS tragically seems to run in families, perhaps for unknown genetic reasons. Years later a prosecutor notices the article and charges the woman with murdering all of her children. The woman initially confesses during police questioning but later claims that the police pressured her to confess. You are hired as her defense attorney. The psychiatrist friend of yours tells you that your client might suffer from a psychiatric condition known as Munchausen’s syndrome by proxy. You hope to use this information to consider presenting an insanity defense. a. Search the Internet for the term Munchausen’s syndrome by proxy” What is the definition? b. Briefly explain whether or not your client’s condition can fulfill the requirements of the various test for the insanity defense. 1) M’Naughten 2) Irresistible Impulse 3) Durham 4) Substantial Capacity 5) Federal Comprehensive Crime Control Act

Sample Solution

The Insanity Defense

The insanity defense refers to a defense that a defendant can plead in a criminal trial. In an insanity defense, the defendant admits the action but asserts a lack of culpability based on mental illness. A client with Munchausen`s syndrome by proxy can fulfil the requirements of the various test for the insanity defense. Munchausen syndrome by proxy (MSBP) is a mental health problem in which a caregiver makes up or causes an illness or injury in a person under his or her care, such as a child, an elderly adult, or a person who has a disability. Because vulnerable people are the victims, MSBP is a form of child abuse or elder abuse.

 

What is the image of the ‘point’ of human life verifiable in Marx’s talk of “distance”, and how does this image diverge from the perspectives of Epicurus? Clarify which of the two perspectives you discover increasingly conceivable and why.

The reason for this paper is to assess the differentiating perspectives of Marx and Epicurus for an upbeat and significant life, and at last help the perspective of Marx over that of Epicurus, since it is increasingly applicable in current occasions and a method for live.

This paper will create two contentions, by which Epicurus will differ with Marx. The first is that Marx’s idea is for the most part identified with materialistic contemplations, where Epicurus centers around consideration, delight, and kinship. Also, Marx does not view individuals as savvy, where for Epicurus knowledge is the most significant thing throughout everyday life.

As per Marx, with the rise and advancement of private enterprise individuals work to live and they pick work to bear the cost of different things, not for the work itself. They identify with an item that isn’t identified with them and are tossed into “constrained work”, which separate them from human instinct (p. 2). In this manner, Marx sees significance in the connection between work, generation and reality with human instinct (p. 3). One is estranged from his/her creations and he/she is headed out from his/her tendency, and thus from other people, at that point “nature is removed” (p. 3). Since everyone is utilized in the machine of practical powers one can’t perceive any in reality free individuals to relate with “one man is distanced to another, similarly as every one of them is estranged from human instinct” (p. 4). Marx objects to private enterprise. He accepts such a monetary framework is second rate as it prompts antagonizing individuals from their creation, or “distance of the thing”, from the demonstration of generation “the relationship of the laborer to his very own movement as an outsider action”, from their human species and from other individuals (pp. 2, 3). In this manner, Marx trusts that what makes us human is the cognizant capacity we must be innovative in a widespread demonstration of generation (p.3). In this way, free enterprise denies one from being a human. Be that as it may, as per Marx the importance and joy of life are inserted and identified with materialistic contemplations. One is troubled, in light of the fact that he/she delivers “products” and he/she isn’t identified with them (Marx, 1844, p. 1). Free enterprise prompts distance of item, and this prompts every other estrangement that Marx discusses, which makes one’s life troubled. In this way, on the off chance that he was identified with those wares, he would be upbeat. In this way, as indicated by Marx, exercises and items are basic for our joy.

Epicurus’ idea is based on a quest for delight, which one could consider with the end of mental and physical agony. He considers knowledge to be the most important ideals of all. Where, the most valuable thing that intelligence could achieve is fellowship, from every one of the “implies that insight gets… the most essential is companionship” (Epicurus 2, p. 2). In this manner, Epicurus focuses its talk on the significance of a non-materialistic world. He trusts in a single living admirably, decently and fairly with coordinated interests toward serenity of the brain. This is the thing that Epicurus sees as a pleasurable and glad life “we consider delight the alpha and omega of a cheerful life” (Epicurus 1, p. 2). In this manner, Epicurus will differ with Marx. Items, regardless of how made, ought not be of preliminary significance for one to be upbeat. Fellowship is something that can not be essentially delivered, but rather is a set up association with another individual, through normal interests, dreams, discourses, inconsequential to material generation.

Marx trusts that individuals are not upbeat in an entrepreneur’s general public, since they are dehumanized and distanced from everything in their life. In this way, Marx discusses a general demonstration of generation that empowers one to feel as a “free being” (Marx, 1844, p. 3). In any case, none of his contentions views one as a shrewd person. Additionally, he says that private enterprise and large scale manufacturing prompts “idiocy and cretinism for the specialist” (Marx, 1844, p. 2). His idea depends on the connection of people to their temperament, and subsequently closer to their senses. Therefore, their having a place with the common is generous and it is before a procedure of dynamic thinking in their life. In Marx’s words, in wording one to be glad, he/she should be for the most part dynamic physically, not on a psychological dimension. Nonetheless, one could be scholarly, when he/she works and his/her protest of work is “typification”. This “generalization”, then again, is identified with the nonattendance of estrangement from one’s generation (Marx, 1844, p. 3). Where, Epicurus’ thought regarding pleasurable life is profoundly tied with the idea of one being shrewd. He says that an astute man or lady, that at last would be an upbeat man or lady will dependably consider what he/she does in his/her life and “most prominent interests… will be, coordinated by reason all through his [her] entire life” (Epicurus 2, p. 1). Hence, Epicurus trusts that there is no such thing as a shot in the life of a savvy man or lady. In the event that an astute man or lady is encountering “disaster” in his/her life that is greatly improved than”prosperity of a trick” (Epicurus 2, p. 2). In this manner, if Marx does not view individuals as shrewd, on the off chance that they conquer the industrialist’s machine of dehumanization, it would be a possibility, and their joy would not be a genuine bliss, as indicated by Epicurus.

Anyway as I would see it, living in an overwhelming western entrepreneur society, compels individuals in the manner in which that Marx depicts. In the event that you inquire as to whether I am cheerful, I will never clarify it as far as different feelings or delights, torment or intelligence. I will discuss my experience as an individual, what I accomplished throughout everyday life, school and vocation. I will disclose it with connections to other people throughout my life. This does not imply that I wear not have a real existence of reason, or I am not utilizing my scholarly capacities throughout my life. Regardless of whether something occurs by chance in my life I would acknowledge and appreciate it indistinguishable path from everything that I have arranged. Along these lines, I trust that what we feel characterizes our life. When we talk about bliss and delight, those thoughts appear to be foolhardy thought. An amazing significance is an inclination about what I will leave after me, what I will accomplish and how I will contribute in to this world. Does not generally make a difference how something occurs in our life, in the event that it makes us feel finish and in contact with our senses and nature, as Marx would concur. Besides, connection to a widespread work and generation is the thing that better characterizes my vision for the world we live in.

Going to work these days is an absolute necessity for one to keep up in any event fundamental expectations for everyday comforts. We don’t invest enough energy with our families and companions. We are subjugated throughout everyday life, planned by our work. Along these lines, we invest so much energy accomplishing something, which results in items and administrations having a place with another person. Additionally, the social structure that we are a piece of makes work, creation and utilization more critical than our temperament as human and social creatures. As I would see it, regardless of how much reason and knowledge we put in our activities, we will characterize our life, by our efficiency, relations to nature and material contemplations which subsequently is a lot nearer to Marx’s idea.

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