Wednesday, December 16, 2009

INSANITY DEFENSE FOR SHOOTER IN FORT HOOD CASE

The attorney who is representing the Army psychiatrist accused of killing 13 people during the attack at Fort Hood may use an insanity defense. He would plead not guilty by reason of insanity. He has been charged with 13 counts of premeditated murder. The attorney said he is considering using the insanity defense but it’s too early to be sure.

Using an insanity defense poses many interesting legal issues. First, generally speaking, in order to be successful it must be shown the defendant did not know the difference between right and wrong when committing the crime. That, of course, is no easy task.. Second, if successful, does not mean the person goes home. The person goes to a mental hospital until he or she is found sane, which may never happen.

The above is a general synopsis of the insanity defense. It is not intended to be interpreted as exhaustive of the defense.

If you or a loved one is charged with a crime and there are mental issues involved in the case, please call us here at The Law Offices of David M. Wallin. We have 25 years of experience dealing with mental issues. We are the best criminal law firm covering the Antelope and Santa Clarita Valleys, Victorville, and all courts in Los Angeles County, Ventura County, and parts of Orange County and Kern County.

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