QUESTION
If a suspect is unable to recall an incident due to being disassociated from self, could that be justified for a crime?
Asked on Sep 28th, 2012 on Criminal Law - Georgia
More details to this question:
A suspect who has been a victim of domestic violence commit a crime against abuser after the alleged victim/abuser beat the alleged suspect/domestic violence victim. The alleged suspect claims to have no memory of what happened due to "blacking out" during the crime from the previous abuse from alleged victim.
7 ANSWERS
Gary Moore
There is a defense based upon a mental defect caused by being abused.
Answered on Oct 02nd, 2012 at 10:16 PM
No way. Blacking out is no defense for any crime, along with intoxication.
Answered on Oct 02nd, 2012 at 12:08 AM
Michael J. Breczinski
It may be part of a self defense claim or one of temporary insanity. The person needs a good lawyer.
Answered on Oct 01st, 2012 at 11:22 PM
Michael Paul Vollandt
That is the burning bed case. That person got away with it but for a person to just say I can not recall is not a, if any, good excuse for committing a crime. If that is your defense good luck because it is really had to convince a jury of that.
Answered on Oct 01st, 2012 at 2:10 PM
Leonard A. Kaanta
Yes she can.
Answered on Oct 01st, 2012 at 1:55 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
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It would not justify the crime, but could potentially be a defense.
Answered on Oct 01st, 2012 at 11:46 AM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
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This is not a legal defense.
Answered on Oct 01st, 2012 at 11:43 AM