ALBERT FISH CRIMINAL’S

PROSECUTION

Introduction: How is a criminal procedure in the common law?

Procedure

Arrest

Plea barganian

Trial

Opening statment to the jury

Evidence’s presentation

Veredict (conviction, mistrial or acquittal)

sentencing

Appeals

ALBERT FISH TRIAL

Defendant: Albert Fish

Crime Charged: 1st Degree Murder (premeditated murder of Grace Budd)

Judge: Frederick P. Close

Place: White Plains, New York

Date of Trial: March 11-22, 1935

Verdict: Guilty

Sentence: Death (electric chair)

A Trial about insane

On Common law exist a rule called “The M'Naghten Rule”, it allows establish a defense on the field of insanity, but “it must be clearly proved that, at the time of the committing of the act, the party was laboring under such a defect of reason, from disease of the mind, as to not know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.”

However, what is madness? a man who killed and ate children could be sane?

Of the four psychiatrists who testified, one said that Fish was a "psychopathic personality without a psychosis."

The jury found him to be sane and guilty, and the judge ordered the death sentence, Despite of this, after the trial, one of jurors said: “None of the jurors doubted that Fish was insane. But ultimately, he should be executed anyway”.”.

Nothing provides a clearer insight into Fish's tortured mind than his reaction to the jury's verdict: momentary disappointment, replaced almost instantly by a glow of near elation. "What a thrill that will be, if I have to die in the electric chair," he beamed. "It will be the supreme thrill—the only one I haven't tried." Then his mood shifted again, and he mumbled, "But it wasn't the right verdict. I'm not really sane, you know.“.