I'm going to post an example:
Say, a guy cheats on his wife. She has evidance on this cheating, pictures/video/whatever have you, and she destroys his car. Smashes it up, whatever.
If the guy were to sue for damages, could the woman plee temporary insanity and win the case?
Also, could she sue for mental enguish and win?
Someone is trying to tell me I'm wrong here. I'm highly into law and court and I know its almost highly impossible for the woman to get off by saying she was temporarily insane in an instance like this.
Thanks if you can help.
2006-11-27 03:57:35 · 4 answers · asked by poeticpyr07 2 in Politics & Government ➔ Law & Ethics
Oh, by the way, this was just a discussion. I've never cheated on my wife, lol. She was trying to debate with me after we heard a song about that, and she was saying she could win that and I just laughed. Had to get some answers here to prove my point so she can't argue it anymore :o)
2006-11-27 04:16:13 · update #1
If the male were to sue the female for damages, that is a civil action. The defense of temporary insanity is used in criminal proceedings. It generally would not apply to a civil proceeding. However, the defense of temporary insanity is (contrary to what you see on television and the movies) extremely rare. Some states do not allow it at all. Others, just like the "permanent" insanity defense, restrict it considerably.
Mental anguish is a tort. I think it unlikely under the circumstances that a jury would give her much for a mental anguish claim. The fact that its a marriage that is obviously in trouble, and he would be able to produce his own evidence, would problably not make the case a viable case, IMHO.
The laws governing the above vary greatly from state to state. For the most accurate information, you should consult an attorney who is licensed in your state. If you need a referral, contact your local or state bar association.
2006-11-27 04:04:57 · answer #1 · answered by Phil R 5 · 1⤊ 0⤋
I tried using the Temporary Brain Fart and that didn't work so Temporary Insanity sounds good....
2016-05-23 10:06:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hope you have a witness to this. would help. if not, you'll just have to try to convince the judge that she was the one who did it. If you win, then she will pay, regardless. But then, if you're married, that could be a different story cause what's your's is her's and visa versa.
2006-11-27 04:10:53 · answer #3 · answered by naturegirl 2 · 0⤊ 0⤋
all you need to know is less than 1% of insanity pleas work ( including all types )
2006-11-27 03:59:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋