In 2007 several police departments in the U.K. One survey revealed that 45 percent of college students believe moonstruck humans are prone to unusual behaviors, and other surveys suggest that mental health professionals may be still more likely than laypeople to hold this conviction. Belief in the “lunar lunacy effect,” or “Transylvania effect,” as it is sometimes called, persisted in Europe through the Middle Ages, when humans were widely reputed to transmogrify into werewolves or vampires during a full moon.Įven today many people think the mystical powers of the full moon induce erratic behaviors, psychiatric hospital admissions, suicides, homicides, emergency room calls, traffic accidents, fights at professional hockey games, dog bites and all manner of strange events. Indeed, the Roman goddess of the moon bore a name that remains familiar to us today: Luna, prefix of the word “lunatic.” Greek philosopher Aristotle and Roman historian Pliny the Elder suggested that the brain was the “moistest” organ in the body and thereby most susceptible to the pernicious influences of the moon, which triggers the tides. § 4243(f) from the Federal committing court.ACROSS THE CENTURIES, many a person has uttered the phrase “There must be a full moon out there” in an attempt to explain weird happenings at night. § 4247(i)(B), the State cannot discharge the inmate until after it has obtained a discharge order under 18 U.S.C. Regardless of whether a State voluntarily accepts the inmate or whether the State requires the Federal authorities to involuntarily commit the inmate to State custody under 18 U.S.C. If the defendant does not meet this burden, the Bureau of Prisons undertakes to place the defendant with the State where the crime was committed or of which State the defendant is a resident. The Supreme Court has reviewed a similar District of Columbia statute and upheld its constitutionality. With respect to any other offense, the defendant has the burden of proof by the preponderance of the evidence. If the offense for which the defendant was tried involved bodily injury, serious property damage, or a substantial risk thereof, the defendant must sustain the burden of proof by clear and convincing evidence. At the hearing, the burden of proof is on the committed person to prove that release would not create a substantial risk of bodily injury to, or serious damage to the property of, another person due to a present mental disease or defect. A psychiatric or psychological examination and report are required prior to the hearing. Persons found not guilty only by reason of insanity are automatically committed pending a hearing, which must be held within 40 days, on the person's present mental state and dangerousness. Section 4243 of Title 18 sets forth a procedure for automatic commitment of persons found not guilty only by reason of insanity until they can establish their entitlement to release. If the issue of insanity is raised by notice as provided in Rule 12.2 of the Federal Rules of Criminal Procedure, on motion of either party or the court, the trier of fact shall be instructed to find the defendant (1) guilty, (2) not guilty, or (3) not guilty only by reason of insanity.
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