John Doe Goes to Court
John Doe would be tried in the state where his crimes and capture took place. However, a city is not given in the movie narrative, so the location will be based on the filming location, Los Angeles, California(The Worldwide Guide To Movie Locations). According to California Penal Code §§ 25 sub b, the defense of insanity is upheld when the defendant “proves that they were incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense.
” This plea is usually entered as ‘not guilty because of insanity and may be entered jointly with other pleas such as innocent. Entered by itself, the plea ‘not guilty because of insanity infers guilt of the crime(s) but claims a mitigating circumstance of insanity at the time of the offense (PEN§1026). Before the trial begins the court may allow a diversion of trial by PEN § 1001.36, after careful consideration of the defense and precaution positions.
This grants that a defendant who is charged with a misdemeanor or felony offense meets all the required criteria listed under the PEN§1001.36 sub. b may enter a mental health treatment program. Upon completion of this program and satisfactory evaluation (PEN§1001.36 sub. e), the defendant is released and the charges held against him at the time of the diversion are dropped.
When the defendant is not eligible for diversion the case proceeds to trial. If both the issue of guilt and sanity must be determined, such as when the plea entered by the defense is not guilty and not guilty because of insanity, the issue of guilt is first tried separately from the issue of sanity.
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This means that “the defendant shall be conclusively presumed to have been sane at the time the offense is alleged to have been committed (Penal Code§1026 sub. a).” If the defendant is found innocent the charges are dropped and he is released. If found guilty, the defendant undergoes a sanity hearing tried by the same or a new jury (Penal Code§1001.36, & §1026). In this part of the trial, the burden of evidence is on the defendant, who must show by a preponderance of the evidence that he was more likely than not, either incapable of understanding the nature of his actions or unable to tell right from wrong. (Penal Code§1001.36, & §1026). “1001.36(2) The court is satisfied that the defendant’s mental disorder played a significant role in the commission of the charged offense. A court may conclude that a defendant’s mental disorder played a significant role in the commission of the charged offense if, after reviewing any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense, antisocial and court concludes that the defendant’s mental disorder substantially contributed to the defendant’s involvement in the commission of the offense.” If the defendant is found sane, he is sentenced in accord with California Penal Code fitting his crimes. If the defendant is found insane he is placed in a mental health program suited to his diagnosis, needs, and public safety risk. From there he would not be released until the court that originally convicted him found him sane (Penal Code§1026 sub. b).
John Doe’s Case
In John Doe’s case, he would have been evaluated and diagnosed with antisocial personality disorder and obsessive-compulsive personality disorder. The diagnosis of antisocial personality disorder would exclude Doe from the diversion of individuals with mental disorders program under Penal Code§1001.36 sub. b. Therefore Doe would go right to trial. In the movie, after turning himself in, John Doe promised to sign a full confession and plead guilty if Detectives Summerset and Mills would go with him to an undisclosed location where he would reveal the remains of two more victims. Had Dafoe lived to be tried he may have pleaded guilty by the deal he made with Detectives Summerset and Mills. In this case, because of he would go straight to sentencing. However, he could still fulfill this bargain by pleading ‘guilty’ and ‘not guilty because of insanity. Since the plea entered by John Doe admits guilt the trial would go right to the sanity trial portion. John Doe’s evidence for not being able to understand the nature of his actions would likely depend on an expert witness testifying to the nature of his antisocial personality disorder, which is marked by a lack of empathy for others (DSM-5). Likewise, an expert witness may also testify to the nature of obsessive-compulsiveviolated the disorder which is marked by an overconscientious, scrupulous, and inflexible character over morals, ethics, or values (DSM-5). However, events and evidence specific to Doe countering this claim would likely be presented as well. Events, such as Doe’s assault of Detectives Summerset and Mills when he sees them in front of his apartment door from down the hall and his subsequent fleeing could be used to indicate that he the action of the law. Likewise the recording from the wire Det. Mills was wearing in the final scene, containing Doe’s confession of killing Tracy, Detective Mills’ wife, would have indicated that he knew right from wrong.
The charges John Doe would be facing would likely include, but not be limited to: multiple accounts of aggravated mayhem (PEN§205), multiple accounts of torture (PEN§206), and multiple murders (Pen§109). Aggravated mayhem is punishable by life imprisonment with the possibility of parole. Torture also carries a life imprisonment sentence but without the possibility of parole. Finally, multiple murders offense a capital offense and punishable by life imprisonment or death. Therefore, John Doe would be facing life imprisonment or death if found sane. However, clients if he was found insane, h would likely be in a state mental health institution until it could be proven that he had regained sanity.
Treatment for Antisocial Personality Disorder
Treatment for antisocial personality disorder is a difficult topic. Few studies exist on the disorder, and those that are out there do not necessarily help therapists, who must make everyday decisions about their clients. In fact, as of 2018, reduce there are no studies that compare the outcomes of different methods of treatment (van den Bosch et al., 2018). Most research on the disorder focuses on interventions to cure the main antisocial traits, reduce recidivism in criminal cases, and treat comorbid substance use disorders (Hatchett, 2015). Chiswick, who combines psychopathy and antisocial personality disorder in his article, calls them “behavioral ASPD can indeedtreatmanifestations of numerous conditions that have different aetiologies and histories” (1994, p.818). Although psychopathy and ASPD are two different disorders, ASPD can indeed come along with several comorbid disorders, which makes them high-security is difficult to treat. One treatment possibility is to target certain symptoms and treat them in group interventions. Symptoms usually targeted include impulsivity, interpersonal problems, and antisocial behavior for the general population with ASPD. For criminals, these interventions might also focus on reducing delinquent behaviors. Unfortunately, though, interventions that specifically target ASPD symptoms are difficult for clients to find, and clients who can not find help may either have worsening symptoms or develop new ones. Another possible treatment method is Schema Focused Therapy, which proved to be more effective than treatment-as-usual with high-security inpatients, particularly when it came to reducing recidivism and reintroducing the patient back into the community. Other “appropriate” methods include cognitive behavioral therapy, dialectical behavior therapy, person-centered and client-centered psychotherapy, etc. However, not enough research has been conducted to conclude that any of these are effective, so they cannot be labeled as a well-established treatment method for ASPD (van den Bosch, 2018). Another kind of “treatment” would be to catch the possible problem before it has started. A study conducted by Mark Myers et al. showed that adolescents with conduct disorder were likely to develop antisocial personality disorder within four years. This is one fact that makes it harder to diagnose John Doe, whose childhood is unknown to the audience (Se7en, 1995). By keeping a close eye on individuals with conduct disorder, ASPD could be spotted early, before symptoms have gotten worse and treatment could be more effective. In addition, the individuals in the study seemed to have the most trouble due to involvement with drugs and/or alcohol, so treating the substance abuse early on could lead to a better lifestyle (Myers 1998).
As previously mentioned, very few studies exist on treatment methods for antisocial personality disorder. Unofficial treatment methods have been used in recent years, yet our knowledge about the disorder does not seem like it has advanced much since the past. However, some methods in the past are no longer in practice. For example, treatment methods in the 1960s were peculiar, including things like nude encounter groups and LSD administration to lower patients’ psychological defenses. These methods turned out to be more harmful than helpful, with “treated” psychopathic offenders having higher rates of violent recidivism than those who did not. Another solution in the past was to simply leave the responsibility of people suffering from ASPD to the justice system rather than letting professionals try to help them (Hatchett, 2015). These methods wTheseere ineffective, if not harmful, and professionals realized that something else needed to be done with these individuals.
Antisocial personality disorder has an immense effect on the individual that is suffering from it, sometimes to the point of not being able to function properly in society. First, the diagnosis of ASPD can accurately predict an individual dropping out of treatment courses in the future, such as sex offender treatment programs and outpatient psychotherapy programs (Hatchett, 2015). Dropping out of treatment programs can lead to symptoms staying the same or worsening. More impacts are reflected in a study conducted by Mark Myers et al., which showed that research subjects with ASPD were more likely to abuse substances. In addition, there is a critical period in which cognitive and interpersonal skills are received and refined, yet some individuals with ASPD pass that point and have limited access to those skills that are necessary to function properly (1998). Sufferers with co-occurring substance use disorder can have functional issues and/or association with antisocial or criminal peer groups. Finally, having ASPD also increases one’s mortality rate due to reckless behavior and a higher risk of suicide (van den Bosch et al., 2018).
The individual suffering from ASPD is not the only one whose life is impacted negatively, though; the sufferer’s family also must go through it. For example, ASPD can predict a higher possibility of recidivism (van den Bosch et al., 2018), which means that the individual might go to prison for a length of time, leaving their children or spouse on their own. Also, previously mentioned substance abuse that commonly accompanies ASPD can put a strain on relationships in the family. The study conducted by Myers et al. also found that research subjects had inferior relationship functioning, which may be due to poor interpersonal and cognitive functioning (1998). Finally, the higher mortality rate of ASPD sufferers can lead to the grief of the family due to the loss of a loved one, not to mention financial struggles that can happen in single-parent homes.
Lastly, antisocial antisocialandantisocial Andis insanitypersonality disorder can affect society as a whole. The biggest impact is that about half of all inmates in both Europe and North America suffer from ASPD. This creates tremendous costs for society, including money needed to house and care for all the inmates in the criminal justice system, as well as any treatment they may receive. People being caught in the justice system due to recidivism, in addition to victims of ASPD who have substance use disorders, result in lost productivity for society as a whole (van den Bosch et al., 2018).
John Doe Goes to Court . (2022, Apr 26). Retrieved from https://paperap.com/john-doe-goes-to-court/
