Answer:
A. Fails to distinguish between violent defendants and one that no longer pose a danger to society.
C. Fails to differentiate between mental illness that are temporary or lifelong conditions.
Explanation:
M'Naghten Rule is an insanity defense used by defendant's attorney to plead defendant not guilty of crime due to mental conditions suffered during the time crime committed.
M'Naghten Rule states that a defendant will be pleaded not guilty only under conditions when it will be proved that the mental condition of defendant was not right at the time when crime was committed and that he/she was not able to discern his/her actions as right or wrong.
The criticism received to the M'Naghten rule is that it fails to distinguish between defendants who pose threat to the society and those who do not pose threat any longer. Another criticism is that it fails to distinguish between mental illness that are temporary or conditions which are lifelong.
Therefore, option A and C are correct.
Answer:
The defendant's background
Explanation:
I would want to know what they are all about and what they have done in the past. This would help me make my decision of the best possible sentence.
Answer:
D)To show why the state of nature is inadequate for determining what our fundamental rights should be.
Explanation:
John Locke, an English philosopher, widely referred to as Father of Liberalism, examines the "State of Nature" for the purpose of showing why the state of nature is inadequate for determining what our fundamental rights should be.
According to him, each individual in a society has a natural right to protect his or her own life, liberty, and property and at the same time, each individual has a natural right to seek for compensation for any wrongful injury to his or her natural rights; life, liberty, or property which has been inflicted by other individuals.
However, Locke, believed that, since 'state of nature' is more or less a state of insecurity, that is, each individual is not secured to possible infringement of his or her natural rights by other individuals. Hence, the needs to create a civil government, whose purpose is to protect the natural rights, freedom and well-being of all members of society.
This is because, in a "state of nature" there is no legislative or judicial authority that members of the society can seek for help in order to protect their natural rights, such as lives, liberty, or property. But to ensure there is security and protection to individuals natural right, there is need for a civil government, with a judicial authority whose purpose is to resolve disputes fairly and equitably.
