Legal Question in Criminal Law in California
Mental Capacity
How does one prove that a person with alzheimer's has or had the mental capacity to form intent to commit murder?
Asked on 2/25/04, 11:57 am
1 Answer from Attorneys
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: Mental Capacity
The first question is does the person have the mental capacity to meaningfully assist in their defense. That is a question that would look to their present status.
Lack of capacity to form the specific intent required to commit murder is an affirmative defense which is presented by the defense. There would be expert witness testimony as to whether or not the person had the ability to form the specific intent to commit murder. The prosecution would present its own witness to rebut the defensed testimony.
Answered on 2/25/04, 10:25 pm
Related Questions & Answers
-
Reduction to Misdemeanor Is there a relatively simple process to get a felony... Asked 2/24/04, 4:40 pm in United States California Criminal Law
-
Evidence Can the chain of possession for evidence be broken if evidence is mailed,... Asked 2/24/04, 12:28 am in United States California Criminal Law