In case of domestic violance, can the fact that?

Question

the offender is under psychiatric observation be considered as a defence in the court ?

Couple of days ago I asked the about domestic violance, but I did not mentioned the fact that the batterer is a mentally challanged( I don't know the proper wording, my appologies.)
Defender says - No, psychiatrist says -Yes. Both are for money, that is understandable.
So I am very curious.
Any ideas? Thank you in advance, Kat.

Answer 1

It's unclear what you are actually asking.

If you are trying to find out whether psychological evidence may be considered, that's a question of law for the judge. The side who wants to admit the evidence can make a motion in limine to get the judge to allow it. Or the side who wants to exclude the evidence can make a motion in limine to get the judge to refuse to allow it.

As far as whether that will make a difference in the outcome of the case, that's an entirely separate question -- and the answer is almost impossible to predict. Too many variables.

Mental observation is not generally a defense. Diminished capacity (mental problems) is rarely a defense. Mental disease or defect is occasionally a defense. It all depends on the laws of the state/country in question.

Start with asking the judge whether evidence of mental problems can be presented. That will provide much of the answer you are looking for.

Answer 2

It's unclear what you are actually asking.

If you are trying to find out whether psychological evidence may be considered, that's a question of law for the judge. The side who wants to admit the evidence can make a motion in limine to get the judge to allow it. Or the side who wants to exclude the evidence can make a motion in limine to get the judge to refuse to allow it.

As far as whether that will make a difference in the outcome of the case, that's an entirely separate question -- and the answer is almost impossible to predict. Too many variables.

Mental observation is not generally a defense. Diminished capacity (mental problems) is rarely a defense. Mental disease or defect is occasionally a defense. It all depends on the laws of the state/country in question.

Start with asking the judge whether evidence of mental problems can be presented. That will provide much of the answer you are looking for.

Answer 3

Defiantely, if the defendant was not able to distinguish right from wrong at the time of the offense then his mental state will be key to his defense. Not guilty by reason of insanity is possible.