Abstract
This legal memorandum examines whether a defendant who has several mental disorders, but is coherent and intelligent (and able to effectively communicate with his lawyer), is competent to stand trial.

Tags:CRIMINAL JUSTICE, LEGAL ISSUES, CENSORSHIP, POLICY, competency stand trial

Abstract
This paper presents a case study of a patient named Wilson, looking at whether he is competent to stand trial. The paper presents the details of the case and analyzes Wilson's physical and mental state. The paper then focuses on whether Wilson would be considered competent to stand trial in his current condition. It discusses his cognitive and behavioral functions and how these will also be impacted by Wilson's mild retardation throughout his life.

Table of Contents:
Case History
Competency To Stand Trial

From the Paper
"Given the information that has been provided to date regarding Wilson and his interactions with other medical personnel, it would appear that he is capable of standing trial at this time. This is indicated by his knowledge of his previous behavior and his admitting to the fact that he had previously failed to take his medications, using this as an explanation for his violent behavior. Wilson was capable of discussing these elements of his life with logic and reasoning, which would lead an evaluator to conclude that Wilson was no longer hindered by his mental illness.
However, it must be noted that Wilson will always have the ability to stop taking his medications and of progressing in his paranoid schizophrenia because there is no cure for the illness ("Paranoid", n.d., sec. 1). The use of medications "such as Thorazine, Haldol, and Risperdal" may alleviate Wilson's symptoms and allow him to continue to function normally. Yet, as time progresses there can also be changes in Wilson's cognitive and behavioral functions, which will also be impacted by Wilson's mild retardation throughout his life."

Tags:cognition, mental, retardation, behavior

Abstract
The paper relates that Wilson has been at the institution for a period of 3 months and has a previous history of medications positively affecting his condition. The paper explains that it would be beneficial to know whether or not the patient has been on a regular schedule of medications and what those medications have been. Furthermore, the paper discusses how Wilson is currently on medication, and so the patient must be evaluated to determine if those medications are indeed effective, or whether the patient will require further medication therapy to improve his mental competence.

From the Paper
"Wilson has been at the institution for a period of 3 months and has a previous history of medications positively affecting his condition. Therefore, it would be beneficial to know whether or not the patient has been on a regular schedule of medications and what those medications have been. Furthermore, if Wilson is currently on medication, the patient must be evaluated to determine if those medications are indeed effective, or whether the patient will require further medication therapy to improve his mental competence. Records of the cognitive and behavioral history of Wilson since he has..."

Tags:competency, stand, trial

From the Paper
"The history of the doctrine of competency to stand trial arose in English common law out of a concern for fairness in the trial of accused persons who, if found guilty of criminal charges, would suffer deprivations of liberty and other penalties. One of the earliest United States Supreme Court cases (Dusky v. United States,1960) determined that a defendant's competency to stand trial depended on "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding" and "whether he has a rational as well as factual understanding of the proceedings against him"."

Tags:law, competency, New, York, Supreme, Court

Abstract
This essay is an appellate brief for a case in which a citizen of the Dominican Republic who is a permanent resident of the United States should be deported for an aggravated felony. This brief addresses the following issues: 1) Whether an individual suffering from a mental illness should be required to exhaust administrative remedies when bringing his claim to the Department of Homeland Security for a deportation hearing, 2) If the individual suffers from a mental illness, whether the DHS is required to provide additional accommodations during the hearings when the person is deemed competent to stand trial. This brief provides a summary of the argument, and finds that the judgment of the Thirteenth Circuit Court of Appeals should be reversed, and this case should be dismissed.

From the Paper
"A. Figueroa Is a Citizen of the Dominican Republic and a Permanent Resident of the United States.
Jose Francisco-Figueroa was born in the Dominican Republic on March 2, 1961 and immigrated to the United States on March 3, 1970. Certified Administrative Record (CAR) 13. All of his immediate family including his siblings and parents reside in the United States and are United States Citizens. CAR 14. Figueroa had a history of mental illness but was still able attend high school until the 11th grade and complete a "college medical assistant" program. CAR 5, 16. Moreover, in the early 1980s, Figueroa obtained work experience as a landscaper, salesman, forklift operator, and a butcher. Id."

Tags:appellate advocacy, exhaustion of administrative remedies, immigration, deportation

Abstract
This paper argues that juveniles, who are accused of serious crimes, should be prosecuted as adults. It describes the increase of the protection of the rights of the victims, the public, and the accused. The paper states that differential treatment of individuals in the criminal justice system based on age is misguided, and that criminal distinction should be based on the seriousness of offense, the ability of the defendant to participate in their own defense, and their ability to understand the consequences of their actions.

Table of Contents:

History of Juvenile Justice System
Should Juvenile Offenders be Tried As Adults?
Competence to Stand Trial
Punishing Juveniles as Adults
Concluding Remarks
References

From the Paper
"While the overall crime rate has steadily decreased over the last decade throughout the country, there is one segment of crime that has been increasing: criminal offenses committed by juveniles (National Criminal Justice Reference Service: 2002). In the last 15 years, according to the Federal Bureau of Investigation, the incidence of criminal offenses committed by juveniles (under the age of 15) increased 94%. While a number of these juveniles were convicted of committing petty crimes such as vandalism and theft, there has been a significant increase in the number of serious juvenile offenses such as robberies, weapons offenses, assaults, and murders. However, there is something that is not quantitatively measured in these crime statistics the increasing brutality and ruthlessness of the crimes committed by juvenile offenders."

Tags:fbi, crime, murder, vandalism, theft, court, judgical, youth, children

Abstract
The paper provides analysis of the role of expert witness testimony in the second trial of Andrea Yates, where she was declared not guilty by reason of insanity. The paper outlines the first trial, and then delves more extensively into the second trial, touching on the trial's contributors but concentrating mainly on forensic expert Michael Welner. The paper discusses Welner's talking points, including his assertion that Andrea was overwhelmed at the burdens of running a household and home-schooling her children, and his interpretation of her lack of emotion at the time of arrest. Welner's testimony was ultimately unconvincing to the jury. Seeking to provoke disgust, he only provoked sympathy for a woman who was criticized by a husband who provided her little assistance in taking care of the house and her five children. The paper concludes that finding Yates not guilty by reason of insanity seemed logical, given the testimony of both the prosecution and the defense's experts, despite Welner's best efforts.

From the Paper
"State of mind is particularly important in Texas murder cases, as Texas law defines insanity as a state of mind, namely if the individual had the ability or the inability to know right from wrong at the moment of the action. "Both the defense and prosecution agreed Yates is mentally ill," but originally the prosecution convinced the jury that she was aware that what she was doing was wrong when she drowned the children (Yates' attorneys won't seek release, 2005, CNN.com). In such instances where mental state is an issue at trial, although Yates, like all American citizens possesses the right to be tried by a jury of her peers, invariably that jury is dependant upon deciding which expert witness appears the most credible, in testifying as to what the defendant's mental procedures were during the time the crime was committed. Expert credibility is equally, if not more important than the credibility of the witness."

Tags:infanticide, Texas, drown, insanity, trial

Abstract
This paper examines and reviews Franz Kafka's work "The Trial," describing it as a typically existential work. The paper explains the basic ideas behind existentialism and why "The Trial" contains the essential elements of this philosophy. The paper gives a basic plot summary and other literary devices Kafka used to engage the reader. The paper concludes by citing Kafka's possible intention of using this work to critique corrupt political regimes of his time.

From the Paper
"In this, K.'s existential anxiety increases progressively through the novel, as he continues to live under the extreme stress of waiting for something to come of his trial. This is signified by means of various elements, and most significantly in the suffocation that permeates all K.'s dealings with the law. K.'s source of meaning is his work and the way in which his life is ordered. In contrast to this, his existential angst is exacerbated by the Court and the way it harrassas him. "

Tags:Franz, Kafka, The, Trial, existential

Abstract
This paper examines the Black Sox trial of 1921 and the fall-out emerging from it. The paper shows that not least of all, the trial underscored the gambling problem afflicting America as well as the larger social and labor issues that were plaguing American society at that time. The paper suggests that the scandal complicated baseball's image and turned George Herman Ruth into a savior.

From the Paper
"The 1921 Black Sox trial gripped America in a way that very few events directly related to sports ever have. This paper examines the trial and, more importantly, it places the trial of 1921 within the larger context of American life and history. Particularly, this paper notes how the 1921 trial occurred in an age where concerns about the treatment of American workers was sparking debate about how best to address the situation. Moreover, the spirit of progressivism still animated America in the early decades of the twentieth century. This spirit, one might even call it a missionary, reformist zeal, was strengthened further by events such as the Black Sox trial of 1921. Beyond that, the trial had serious repercussions for baseball. Not least of all, it shot Kenesaw Mountain Landis into prominence and turned Babe Ruth into a savior."

Tags:black, sox, trial

Abstract
This paper summarizes some of the key issues in Microsoft's monopoly trial from the perspectives of Microsoft and computer users. Several of the terms Microsoft has used to define its marketing and overall corporate objectives are defined, such as "killer application." Microsoft's Internet browser is used as an example of the corporation's most recent "killer app." The issues of the trial are also discussed from the perspective of the user, which is to ultimately find the application that best suits her needs. The author concludes that usability and competition work hand in hand for or against the success of a product.

From the Paper
"A document released by the Microsoft Company reads, "Our industry is always looking for the next 'Killer Application' - for a category of software that, by its utility and intelligent design, becomes indispensable to millions of people ...". "The latest confirmed 'Killer App' is the web browser". When asked what Bill Gates himself meant by defining a web browser as a "Killer Application", he claims to have meant that browsing would be simply "very popular". Upon this response, The Microsoft Computer Dictionary is used to provide two definitions of the term "Killer App": 1) An application of such popularity and widespread standardization that it fuels sales of the hardware platform or operating system for which it was writing (in this case Windows); and 2) An application that supplants its competition. The latter is something that
Microsoft's browser has certainly managed to do."

Tags:Microsoft, trial, monopoly, competition