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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 2963
Experience:  associate attorney
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I am bipolar 1, mood disorder, depressive disorder ,anxiety

Customer Question

i am bipolar 1 , mood disorder , depressive disorder ,anxiety disorder , ptsd . was accused of computer crime , i dont recall anything about this. my coputers were taken by the police ,and im very confused , ended up in inpatient hospital treatment that nite , manic ass hell . suggestions ?
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Is there anything else important you think the Criminal Lawyer should know?
Customer: I dont recall anything as far as this happening , confused. was very manic when the police were here ,not sure what all occured besides losing all pc's . other party says i deleted files after my dismissal , was seeing psychiatrist months before being let go . that was in may of 2015 , this happened last week .
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

A criminal defendant who is found to have been legally insane when he or she committed a crime may be found not guilty by reason of insanity. In some cases, the defendant may be found guilty but sentenced to a less severe punishment due to a mental impairment. In states that allow the insanity defense, defendants must prove to the court that they did not understand what they were doing; failed to know right from wrong; acted on an uncontrollable impulse or some variety of these factors.

Depending on the jurisdiction, courts use one or a combination of the following tests for legal insanity:

The "M'Naghten Rule" - Defendant either did not understand what he or she did, or failed to distinguish right from wrong, because of a "disease of mind."The "Irresistible Impulse" Test - As a result of a mental disease, defendant was unable to control his impulses, which led to a criminal act.The "Durham Rule" - Regardless of clinical diagnosis, defendant's "mental defect" resulted in a criminal act.The "Model Penal Code" Test for Legal Insanity - Because of a diagnosed mental defect, defendant either failed to understand the criminality of his acts, or was unable to act within the confines of the law.

A few states do not allow the insanity defense against criminal charges, including Idaho, Kansas, Montana, and Utah. All four of these states, with the exception of Kansas, allow "guilty but insane" verdicts, which often provide for institutionalization in lieu of prison. Most states that recognize legal insanity use either the M'Naghten Rule (sometimes in combination with the Irrestistible Impulse Test) or the Model Penal Code. Only New Hampshire uses the Durham standard.

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Expert:  Christopher B, Esq. replied 1 year ago.

Just checking back in, do you have any further questions?