Is there any type of US Code or case history that prohibits a sworn statement from a mentally ill person to be admissible in a court of law? If so can you quote or post a link to the law or case reference?
2006-12-08 16:15:15 · 3 answers · asked by ? 2 in Politics & Government ➔ Law & Ethics
Statement of a mentally ill person is admissible if it was made during a lucid interval but it can be assailed by the other party when not credible.
2006-12-08 16:18:29 · answer #1 · answered by FRAGINAL, JTM 7 · 1⤊ 0⤋
It really depends on the type of case you are dealing with. In the criminal case it would make a bigger difference than in a civil case. Because of the difficulty of actually determining someones metal capacity the courts often shy away from having to make the distinction between a mentally competent person and and incompetent person. Civil law has gotten especially wary of it since insanity became a defense in criminal law and all the issue that have come with it.
2006-12-08 17:05:11 · answer #2 · answered by Katherine 2 · 0⤊ 0⤋
you should ask a judge about it
2006-12-08 16:23:07 · answer #3 · answered by Richard H 7 · 0⤊ 0⤋