Legal Question in Criminal Law in Arkansas
Is it legal to bring charges against a minor with a disability if the charge is a result of the disability?
1 Answer from Attorneys
I'm not sure what you mean by "the charge is a result of the disability." Disabilities rarely cause conduct that seems criminal. It can happen when a physical or mental disability causes involuntary movements or prevents the person from forming the type of intent required for a particular offense. In those situations, there is no crime.
When this sort of thing happens and prosecutors realize it, they won't file charges. But they will if they believe the defendant acted knowingly. That's perfectly legal; it just means they made a mistake. Filing charges would only be illegal if the authorities acted despite actual knowledge that the defendant had not committed a crime.
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