Pennsylvania | Criminal Law
Legal Question
i am going to be in my first mock trial...im defending a man who shot a trooper while intoxicated and has no memory of it. he is mentally ill and has been for about 7 years now..how should i go about a defense
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Read More Answered By: Terrence Valko |
Murder is a Specific Intent Crime. Develop the factual history that your client lacked the required intent to pull the trigger. He lacked mentation for _anything_ as he was not comprehending his surroundings. He had some other person in mind who had threatened to attack him over a woman, debt, Camaro, insult, sports bet or other insignificant thing.
The gun was someone else's. Show lack of deliberation and planning. (The accused did not go home, get a gun and return to the victim). He did not lie in wait. It was a crime of passion.
There was a mutually-consented fight that your guy won. The victim was large and strong and powerful. The citizen who survived the fight did so only by using reasonable force in his own self defense.
1 crime of passion reduces specific intent. 2 intoxication reflects diminished capacity required to formulate intent Get the hospital's record showing lack of orientation to space and time. Scan the police report for clues. 3 no brief history of violence 4 reputation for gentleness -- others know him to have walked away from confrontations, he opens the window to avoid killing bumble bees, he vomits at the sight of a dead mouse in a mousetrap . . . . 5 eyewitness testimony 6. google the McNaughton's Rule 7 look at Thomas Mauet on Trial Strategy
Good Luck
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