yeah, disclosure.
Well, the files aren't allowed because of patient-doctor confidentiality <--EDIT: I remembered!
If the defendent does claim insanity, the court gives him a psychiatric test. As far as school records - for a learning disability? That's usually obvious - they have tests for that.
Basically, the "insanity" plea is the easiest way for a defendent to win and the hardest thing to prove. You just need good lawyers and to let the jury decide...
In my opinion, the court, lawyers, and defendent should sit down together and look over the files. If anything proves (or disproves) sanity, etc. the document should be used.
Too many ppl have gotten off because they pleaded insanity and only had to see a psychiatrist. Maybe that's why, if you commit murder, and plea insanity, they put you in a home, instead of letting you go free...
Broadway Legend Joined: 11/4/04
i'm tiiirreedd.
i really think i'm delirious at this point.
mmm basketball players in speedos.. I'm such a sucker for tall, hot men..
Tiff you are good at this whole devils advocate role.. Unfortunately no matter what the patient discloses, unless they are planning something illegal is covered by patient dr confidentiality..
Beka, unfortunately as you get tired your productivity will dwindle and it will take you longer to do.. Good luck
okay, speaking of defense lawyers getting a lot of leway, when it comes to accessing personal records, they actually get a lot less leway than the Crown (Canada's equivalent of the DA). I mean, all the Crown has to do to obtain anyone's personal records are obtain a search warrant or subpoena. However, the defense has to go through a much more stringent system that prove that there's a "likely probative value" in producing the records. This was understandable, so the defense couldn't go on a "fishing expedition" and pull out any means possible to discredit the complainant, but doesn't this give the Crown an unfair advantage if the accused is presumed innocent?
Broadway Legend Joined: 11/4/04
i don't think ive ever had an all nighter before. i usually get 1 hour of sleep.
Broadway Legend Joined: 11/4/04
ok, i'm leaving again. will anyone still be on at, say, 5?
It has to do with Law and Order I think...which I missed tonight because I watched Lost and then filled out Holiday cards :)
Night beka
Broadway Legend Joined: 11/20/04
take 3
'night Beka.
And cam, I can do devil's advocate because I'm a libra (the scales). It's in my blood. People call me indecisive.
I think that it is rarer that the plaintiff is lying, than the defendent. Especially in rape. It's hard to say depending on the type of case...
Aww...
Lucky number 3?
Broadway Legend Joined: 11/20/04
make that take 4
hey I'M A LIBRA TOO!! we make GREAT lawyers cause we're always trying to balance everything and make it "fair"
Yeah, us Libras re a barrel of fun, ain't we?
<~ September 26th :)
Libra power! I do love being a Libra. We're so fair and like beautiful things and romance. It suits me.
When are your guys's birthdays?
Wow I'm surrounded by Libras.. I'm a Sag.. I can tend to be brutally honest.. I try not to be though..
Hey everyone!
Awww, I;m a Capricorn...
Im with you camzz
Broadway Legend Joined: 11/20/04
tiff-
the crown seems to get over as much as the DA's office
warrants are not - they can tear all the way into your life when they're ready...
and who's really "presumed innocent" anymore?
MJ?
No.
Nothing wrong with brutal honesty, Cam! (Did you get my emails, btw?)
Fredi, see, it's not fair, is it? I have a feeling that if I say the differing standards of the crown and defense are unfair, I'm going to be torn apart by my prof. (I'm writing this in a court about gender in the legal system and profession.)
Broadway Legend Joined: 11/20/04
Oct 2nd
with Sag rising
get along great with Sag's! like my mom whose bday is TODAY
12/9 - she's 84!!!! whooo-hooo
oo Whens your bday jmac? it's coming up..
you're right Fredi, no one is pressumed innocent anymore..
Honestly what is this world coming to? Am I the only one that gets physically ill watching the news?
Well, tell ur "prof" you spoke to a lawyer....
What if you said the amount that each party gets to see is unfair but the crown should get more....meaning the defense should get more but the crown should still have free access...
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