Take Home Quiz 2

1. NGRI is a good defense; based on Mens Rae, the defendant does not possess
the culpability to understand the gravity of the action of murder nor the
consequences for his actions. Having a history of mental illness combined
with the consumption of LSD and ethanol, the defendant could be argued to
been in a state of temporary psychosis. The defendant also previously stated
he could not remember if he had taken his medication that day; regardless,
the contraindications of the medication he was prescribed explicitly state DO
NOT consume with alcohol, further worsening his mental condition. Looking
at the history of the alleged crime, Tony was not in a reasonable or sane
mindset by his actions of showing up at a girlfriends house in the early
morning hours. Upon examination of the crime scene, the victims body was
in a state of chaos, underwear stuffed in mouth, pants wrapped around her
face like a blindfold seemingly in a state of confusion by the perpetrator,
tony. Carmela had been strangled, however, bleach was poured on her body.
The evidence would reflect someone not able to appreciate the gravity of the
crime and less likely the consequences for his actions.

2. A.
Insanity is defined in two parts - as appreciation for ones actions and
understands the consequences for ones action. The evidence used to
support NGRI in this set of circumstances would be primarily based upon his
actions prior to his arrival and the state at which he left Carmelas body. Tony,
although in and out of psychiatric institutions, was able to function within
society while taking his medications. As previously stated, however, the
contraindications of taking these meds wouldve had a further uninhibited
effect in his drug-induced delirium. Tonys actions preceding the crime
showed an individual with a disorganized and out of touch mentality, showing
up at a young ladys house, whom he had just met recently, in the early
morning hours. Despite Carmela exclusively dating someone else for the past
4 years, Tony behaved as if this was of no consequence, further supporting
his delusional thinking. Upon examination of the body, underwear stuffed in
mouth, pants wrapped around head like a blindfold and bleach poured on her
body, again, reflects his state of insanity.
B. Mens rae is defined as the culpability to understand what the crime is.
Tony was able to understand what murder is, as well as the gravity of the
consequences of his crime Carmelas body was covered in bleach; a weak
attempt to cover up what he had done. Once tony was able to see what he
had done to Carmela, he knew he was in trouble.
Seemingly insane, the
prosecution could easily argue when someone is killed because someone
else has been drinking and driving, because I was drunk is not a defense.

Although there is no doubt the state of Tonys mental conditions, Tony chose
to go out that night, consume drugs and alcohol, knowing very well the side
effects of taking this along with his medication. Furthermore, drugs only lower
ones inhibitions and yet Tony was successfully able to navigate to this
apartment complex and willfully walk to Carmelas apartment.