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Andrea Yates Murder Case

Andrea Yates Murder Case

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Published by Gavin7
Did Andrea Yates get away with First-Degree Murder? You decide!
Did Andrea Yates get away with First-Degree Murder? You decide!

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Categories:Types, Business/Law
Published by: Gavin7 on Aug 17, 2010
Copyright:Attribution Non-commercial


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Yates Murder Case 1
Andrea Yates Murder Case
By Gavin
Written for Criminal Justice
Copyright 2010
Yates Murder Case 2
 Andrea Yates Murder CaseOn June 20, 2001, Andrea Pia Yates did the inconceivable, she murderedher five children. Did Andrea Yates have the
mens rea 
to knowingly murder herchildren, or was she insane and without control of her faculties?
Mens rea 
 defined by “(law) is with criminal intent; the thoughts and intentions behind awrongful act (including knowledge the act is illegal)” (Word Web Pro, 2007). Did Andrea Yates display the thoughts and intent to satisfy this definition? This isone-half of the components necessary to charge anyone with murder. The othercomponent is
actus Reus 
, to complete the criminal act. Andrea Yates wascharged with two counts of Capital Murder pursuant to “Tex. Pen. Code Ann. §19.03(a) (8) (Vernon Supp. 2004-2005)” (Floyd, 2006). The Grand Jury indicted Andrea Yates for two Felony Counts of murder on June 20, 2001 (Court TV,2006). Did Andrea Yates act with reasonableness of mind, or was she questionsMarie Mugavin, MSN, CFPN, “under the influence of hallucinations, epilepsy, ordelirium” (Mugavin, 2005)? Or was she actually insane and without control of herfaculties? Was Andrea Yates acutely psychotic when she murdered herchildren? Andrea Pia Yates was eventually found to be mentally incompetent onreverse and remand in the murders of her five children. However, her actionsshow
mens rea 
actus Reus,
which show her to be lucid and in control of heractions.
Copyright 2010
Yates Murder Case 3
 Andrea Pia Yates, the youngest of five children, was a high schoolvaledictorian, a competitive swimmer, and she graduated from the University Of Texas School Of Nursing with a BSN degree. This pursuit would indicatesomeone with a facilitating mindset. Her mother was raised in Nazi Germanywhere she met Andrea’s father during the British occupation. The family’sreligion was Catholic (O’Malley, 2004). There is no evidence of instability withinthis family, in any event discovered to date. “Andrea Pia Kennedy marries Rusty Yates and soon they have five children” (O’Malley, 2004). Was Andrea’s futurebehavior pattern latent? Andrea’s criminal behavior exhibits symptoms of conflicts, traumas, and deprivation of one sort or another. Dr. Stanton Samenowexcogitates on this thought with the following statement. “I thought that peoplewho turned to crime were victims of a psychological disorder, an oppressivesocial environment, or both” (Samenow, 1984). Dr. Samenow initiallyquestioned the behavioral reasoning of criminals, attributing their behavior tosome psychological disorder, but his later research reveals that criminals chooseto be criminals (Samenow, 1984).In order to determine Andrea’s state of mind prior to killing her children,the legal components must be considered. Andrea Yates actions did satisfy thecriminal intent component; the thoughts and intentions behind a wrongful act(including knowledge the act is illegal). Andrea Yates also completed thecriminal act. The state of Texas indicted Andrea Yates on two counts of capital
Copyright 2010

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