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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32579
Experience:  Began practicing law in 1992
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how does criminal capacity impact the defense process

Customer Question

how does criminal capacity impact the defense process?
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
Can you provide a few more facts? What is this for?
Customer: replied 6 years ago.

From what I have gathered and can figure out about it.. that criminal capacity impacts the defense process because if the person is under the criminal culpability age or the person is found to have any type of mental disorder the actor may not able to comprehend criminal responsibility.

 

 

Do you have anymore information on this or am I right about my thinkings?

Expert:  Dwayne B. replied 6 years ago.
You are correct. State of mind goes to the requisite intent to commit the crime, if intent is required. It can also affect whether or not someone can stand trial. A person can have been sane when they committed a crime, but are now insane (or incompetent, either way) which prevents them from being tried for the crime until such time as their "disability" is cleared up.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

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Customer: replied 6 years ago.
thanks. that helped make the whole picture clearer. So, for criminal capacity and criminal convictions, how would data support the connection between the two
Customer: replied 6 years ago.
thanks. that helped make the whole picture clearer. So, for criminal capacity and criminal convictions, how would data support the connection between the two?
Expert:  Dwayne B. replied 6 years ago.
I don't understand what you're asking there. Could you clarify?

Edited by JD 1992 on 4/12/2010 at 3:25 PM EST
Customer: replied 6 years ago.

What is the connection between criminal convictions and criminal capacity. How would data support the connection?

Expert:  Dwayne B. replied 6 years ago.
The data should show that defendants with a lack of criminal capacity are not convicted. What it probably shows is that criminals with reduced capacity are actually convicted more, because they are unable to assist in their defense.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 6 years ago.

I had another person try to explain to me that the connection between the two is that the data must show intent. the intent must be proven showing that the defendant was fully aware of their action while the crime was committed. Is this true as well for this question?

Expert:  Dwayne B. replied 6 years ago.
I don't really understand what they are trying to say, as it relates to the question but there are two different times when capacity matters. The first is when the crime is committed because the person must have had the capacity to know the crime, the results and that what they were doing was wrong.

The second time is the capacity to stand trial, they must know what is happening and have the capacity to assist in their defense.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.