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LegalEagle1, Attorney
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Can a mentally disabled, according to Social Security, and

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Can a mentally disabled, according to Social Security, and can't defend herself in court, use that as a defense.
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Is this a criminal case? If so, what are the allegations?

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Customer: replied 4 years ago.
Yes a criminal case, allegations are fraud
Yes a person can use a mental disease or defect as a defense in a criminal case.

There are fraud cases, in which people are duped into doing something. If the mental disease or defect made the person more susceptible to being duped, that is an issue that can be presented as a defense.

Also mental disease or defect are factors that are considered when a defendant presents an insanity defense.

Insanity is an affirmative defense to prosecution that, at the time of the
conduct charged, the actor, as a result of severe mental disease or defect, did
not know that his conduct was wrong. The term "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. A finding by Social Security that a person is mentally disabled would support this claim.

Also mental disabilities are ofter presented to the court at sentencing (if there is a conviction) for the court to consider as mitigation and for perhaps specialized supervision by probation.

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