Thank you for your follow ups.1. How did the public defense counsel come to have the evidence in her hand? And even after the evidence in her hand why is the defendant not let go and has to go through the path of insanity to defend against those actions? When it was the plaintiff who has aggravatedly stalk the defendant for many number of years like 1996 to 2000 almost 5 years?
Evidence in a trial may be collected several ways, including but not limited to:
-Defense's own investigation;
of third parties and their evidence;
-discovery against the prosecutor; and/or
-use of medical experts on the stand (for the insanity defense)
Even if the Defendant has evidence that shows innocence, the Defendant's case is not automatically dismissed, but has to be acquitted in Court or dropped by the Prosecutor. 2. Now how to come out of this insanity which was used as a defense once upon a time to defend the defendant who was purely innocent?
The Defense can simply drop the insanity defense if they want to. Of course, this should be done before the jury (if there is a jury) is impaneled, so that the jury is not "poisoned" but an insanity defense which is later dropped. The Defense can also ask that the Prosecutor never mentioned the omitted insanity defense at trial, via a pre-trial Motion in Limine
.3. When it comes to work, how do you think the public defense counsel and a hired criminal defense attorney work due to the money involved? As a defendant who was not allowed on the outside I was not given the opportunity to even talk using a lawyer due to the high bail and in my anger which even pours out today, I resented to talk about this ugly matter even when this case was going full swing as I was married at that time. Needless to say my marriage broke as a consequence of financial problems that arose due to this.
"The defendant may, at his or her own expense, or if indigent, at the expense of the county, secure an independent psychiatric evaluation by a clinician of his or her choice on the issue of his or her insanity at the time the alleged offense was committed."MCL 768.20a(3); MSA 28.1043(1)(3)
The defendant's counsel should have done this, arguably. The laws are similar for other experts that are proven necessary for defense but cannot be afforded.
If one was not able to effectively communicate with their attorney, this should have been brought up at trial. It is a too late now, I am afraid.4. I have seen justice turn its wheel in time and it definitely turns in one's lifetime. Putting aside the surge of anger, what can be done to me to prove my sanity as every one inquires about my broken marriage and family and financial difficulties that I face due to this insanity defense that I took? How far has the justice department worked to turn its wheels to the poor people who are poor today because of the wrong judgement taken a while back? What does it take to reinvestigate in to the case and prove sane?
Someone in your situation may wish to file for a new trial
, only if you feel that you have evidence that was recently discovered and if introduced at the original trial, would have turned the tide of the case.
Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY
button to keep chatting, or RATE
my answer when we are finished. (You may always ask follow ups free after rating