CRIMINAL LAW
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1. Please refer back to the handout, "Can a Defendant Who Lies...," to respond to the following questions. TheIllinois appellate court, citing a U.S. Supreme Court Justice, says that "Perhaps we could never succeed inintelligibly defining the kinds of matter we understand to be embraced within the shorthand description of batteredwoman's syndrome." Why not? Would you be able to formulate an effective legal description of battered woman'ssyndrome? If so, what would it be? 2. Please refer back to the handout, "Is there a Meaningful Difference...," to respond to the following questions.
Miller claimed to be sane before and after the killing, but insane during the time the crime was committed. Hisattorneys asked that, at the end of the trial, the jury be instructed on the issue of temporary insanity, and that theybe told that "regardless of its duration, legal insanity that existed at the time of the commission of the crime is adefense to the crime." Why do you think that the trial court refused to give the jury instructions regarding theinsanity defense, which the defendant wished to have communicated? In this case, the appellate court reversedthe defendant's conviction and remanded the case for a new trial. On what basis was that decision reached? Doyou agree that the appellate court should have reached such a decision? Why, or why not? What does this casehave to tell us about the difference between insanity and temporary insanity? Are differences between the twoterms significant in cases such as this one? Why, or why not? Information about accessing the Blackboard Grading Rubric for this assignment is provided below.
