Criminal defenses
For your written assignment, first read the scenario below.
| You are a defense attorney and have been appointed to represent Don Smith. Don was recently arrested and charged with first degree murder for killing a woman named Valerie. Don shot and killed Valerie as she was walking into a local gas station. When interviewed by law enforcement, Don said he has schizophrenia and that he often hears “voices.” Don told officers that on the day Valerie was murdered, he was walking down the street and saw a wolf. Don stated that the wolf told him to kill Valerie because she was a “bad person.” The wolf told Don that Valerie was going to kidnap Don and lock him up in a cave. Don then went home and got his hunting rifle. He shot Valerie as she was walking into a gas station. After the shooting, Don sat down on the sidewalk. Officers immediately responded to the call of “shots fired” and arrested Don without incident. Don was arrested and booked at the county jail. He waived his Miranda warning and proceeded to tell officers about his schizophrenia, the wolf he saw, and that the wolf told him to kill Valerie. |
For your written assignment this week, first research your own state law regarding the insanity/mental capacity defense. Review and study the relevant statutory language concerning the insanity defense.
Answer previewFlorida statutory defense of insanity
The Florida General Penalties, Registration of Criminals statute presupposes rebuttable presumption that everyone is sane. Therefore, the law places all people accused of crimes on the same pedestal of sanity. The law implies that the defendant shoulders the burden of providing evidence as to his or her insanity. The standard of proof required is that of a clear and convincing standard. This can only be done by the defendant adducing clear and compelling evidence proving his or her insanity. It should be noted that the standard of proof of clear and convincing is higher than that of a preponderance of probabilities…
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