Respuesta :
Answer:
The attorney is referring the Addington v. Texas case in which the Supreme court ruled this statement in 1979 in order to proof that Addington was really mentally ill.
Explanation:
This was a case related to Frank Addington who was convicted of Assault and threat against his mother. His mother file the petition against him according to the law of Texas. She said that Addington is mentally ill and have past records of going to psychiatric hospitalizations and mental hospitals. She said that Addington should be sent involuntary to the state psychiatric hospital. The trail court issued the instructions to the jury that decision should be made on clear and convincing evidences that Addington is mentally ill and should be given psychiatrist hospitalization for the wealth of his own and for others also. The jury finds that Addington was mentally ill. The court ordered his indefinite commitment and he was indefinitely committed to Austin State Hospital.
The Addington then appealed in Texas Supreme Court and argued that the court should have to the standards of proof. Without a clear and satisfied proof the court should not make a decision on mental illness. the Texas Supreme Court agreed with Addington and reverse the court's order.
The Court concluded we cannot deny people their liberty by committing them to mental institutions involuntarily unless we have 'clear and convincing evidence' that they are mentally ill and potentially dangerous
In a criminal case it is very important to proof that the the offender convicted of a crime is mentally ill. If a person is to be proved that he has some mental illness or he is psychologically not well then he will be not responsible for his action. In prisons a large number of prisoners is due to the false la belling of mental illness. In order to proof the mental illness the court will see the past history of offender that is his childhood and adolescence. at the time of committing a crime it should be proved that he was attacked by mental illness disease.