Scenario: You are a criminal investigator involved in an investigation into an aggravated battery. The defendant was charged after he almost beat his best friend to death. They had been friends for 15 years prior to this incident. Your investigation showed several motives, which included funds in the amount of $8,000 missing from a joint business between the defendant (Smith) and the victim (Jones). Also, you discovered that Jones was having an affair with Smith’s wife. Recently, Jones was discovered by you to have been meeting Smith’s teenage daughter at a local hotel and remaining with her overnight in the hotel. Jones has also been supplying his 13-year-old son with marijuana.

Smith’s lawyer plans to plead insanity. What is the difference between the clinical concept of insanity and the legal concept of insanity? Take a position as a member of the prosecution or defense team.

Focus your discussion on the following:

• What factors show that the defendant may be legally insane?
• What factors show that the defendant is clinically insane but not legally insane?