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What determines “unfit ?”

What determines “unfit ?”

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What determines “unfit ?”

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Presentation Transcript

  1. What determines “unfit?” • What makes someone unfit or incompetent in your mind?

  2. Incompetent • Is the daughter in the video “incompetent?” • How and why would you make that assessment? What is your criteria? • If you were on the jury of the mother with the daughter with Schizophrenia, how would you rule? Why? • Are you infringing on her freedom or allowing her to choose her fate?

  3. No threat • If she is not harming anyone is there an issue? • Why are people placed in institutions if they have no criminal history? • Does the lawyer have a responsibility to his client after the courts have ruled?

  4. Age of consent • What is the age of consent? Why? • Are there times that people under 18 are viewed as adults? If so when and why? • Are there times when adults or people over 18 are not viewed as adults?

  5. Children tried as adults • From Time Magazine: When a child kills, does he instantly become an adult? Or does he maintain some trappings of childhood, despite the gravity of his actions? • Nathaniel Brazill looks back at his mother after being found guilty of killing his English teacher.

  6. Nathaniel Brazill • 14-year-old Nathaniel Brazill was found guilty of second-degree murder for killing his English teacher last year. • The charge usually carries a prison term of up to 30 years • He is just one of many minors charged as an adult. • Did he know what he was doing?

  7. Homework • Friday - text – 382-385 (Opinion in Canterbury V. Spence) Court case. Read and summarize for class on Friday. Must be typed and ready for submission IN class. • See you Friday!