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Essay On Volitional Prongs

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Essay On Volitional Prongs
Unlike the M’Naghten test, the ALI has a volitional prong as well. Volitional is saying you know it's wrong, you still commit it because you have to not by free choice. Volition tests have ways of seeing if they were insane by three distinguishing factors: was the crime premeditated, did they have the capacity to make choices, and did they think about getting caught. The volitional prong has different mental disorders closely tied including Bipolar 2 and paraphilias that could prohibit one’s free choice. In conclusion, the ALI is a lot less strict than the two other types of tests, but do incorporate both cognitive and volitional prongs.
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The defendant does not meet the standard for legal insanity in Delaware, using the …show more content…
Howard states that he did know he was raping Stacy and he admitted he knew rape was wrong to his cellmate. He knew it was wrong because he drove her away from the scene to rape her and he admitted it to the cops when he got caught. In some respects, he was covering up the act of driving away from where he grabbed her. He was taking a protective measure by driving into an alley to then rape her instead of raping her at the gas station in front of the strangers. Stacy was not a random person, he knew what he was doing. He was fantasizing about Stacy for weeks before and he made his move. He sexualized Stacy by going to the strip clubs and comparing those girls to her. When the opportunity came about to sexually assault, he took his chance and he knew exactly what he was doing. Howard was not in a mental state of psychosis, he knew was going on, he just acted impulsively. There was no crazy reason why Howard attacked Stacy except that he wanted to and has been dreaming about her for weeks before. In conclusion, Howard did not pass the cognitive prong because you knew what he was doing and he made some precautionary
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