Legal Environment 4th Edition by Jeffrey Beatty, Susan Samuelson

تمرين 3

ETHICS Nineteen-year-old David Lee Nagel viciously murdered his grandparents, stabbing them repeatedly and slitting their throats, all because they denied him use of the family car. He was tried for murder and found not guilty by reason of insanity. He has lived ever since in mental hospitals. In 1994 he applied for release. The two psychiatrists who examined him stated that he was no longer mentally ill and was a danger neither to society nor to himself. Yet the Georgia Supreme Court refused to release him, seemingly because of the brutality of the killings. Comment on the court's ruling. What is the rationale for treating an insane defendant differently from others? Do you find the theory persuasive? If you do, what result must logically follow when psychiatrists testify that the defendant is no longer a danger? Should the brutality of the crime be a factor in deciding whether to prolong the detention? If you do not accept the rationale for treating such defendants differently, explain why not.