1. Explain how intoxication can affect mental capacity, culpability and defenses to crime. What changes does the...

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1. Explain how intoxication can affect mental capacity, culpability and defenses to crime. What changes does the brain undergo while subject to intoxication? Should criminal defendants be held responsible for crimes if they are under the influence of intoxicants? What is the relationship between intoxication and mens rea?

2. Describe how infancy, adulthood and diminished capacity can affect culpability and defenses to crimes. How does the criminal justice system treat children differently than adults regarding crime? How does the criminal justice system know when to waive a child into adult court? Should persons suffering from diminished capacity be punished for criminal acts? Why?

3. Kevin Whalling, Chief Counsel for the Whalling Law Group, PLLC must go to criminal court on behalf of Clara Johnson. Clara is32 years old and has been accused of battery; however, Clara suffers from a mental disability that effectively makes her have the mental acuity of a 5-year-old child. Mr. Whalling intends to argue that Clara is incompetent to stand trial.

Because Mr. Whalling normally practices property and maritime law, he would like you to prepare a Memorandum of Law addressing competency.

A. Subject: Name of Assignment - Client Name-

B. Issue: In a short one or two sentence statement, provide what the issue is for Mr. Whalling.

C. Define criminal competency - what does it mean to be competent to stand trial. 2) Differentiate between how competency and insanity affect mental capacity, culpability and defenses to crimes, 3) Describe the tools used to assess competency to stand trial. 4) Determine what happens If someone is found incompetent to stand trial and how someone may be returned to competency.

D. Discussion: Examine Arizona Rules of Criminal Procedure Rule 11 and determine what steps may be taken on behalf of Ms. Johnson.

E. Conclusion: Provide a conclusion concerning whether it appears that Mr. Whalling will be successful or not in asserting a competency issue on behalf of Ms. Johnson.

F. Citations: cite your sources.