Legal Question in Criminal Law in California

Re: Alzheimer's patient commits murder

Merely being an Alzheimer's patient does not excuse murder, since some patients whose disease has not advanced very far can function at almost the same level as before they were diagnosed.

If the illness has progressed so far that the patient can no longer distinguish right from wrong or can no longer control his actions, then he has a viable defense. Of course, if he has reached this stage he also should be confined to an appropriate institution for his own safety and the safety of others.

Re: Alzheimer's patient commits murder

in order for a murder charge to "stick", there must be a criminally culpable state of mind that accompanied the actual physical act. without such a criminal intent being shown, especially if the person at issue here was suffering from a mental defect at the time of the homicide, a murder charge could be easily defended here either thru legal excuse, justification, and/or mitigation. if you would like further assistance here legally, email us directly today.

Re: Alzheimer's patient commits murder

There clearly is a strong defense, however it will also depend upon his condition at the time. Best of luck