My husband Travis was in a fight where another person threatened to kill me and my unborn child, which caused Travis to fly into a blind rage and do some damage to the person's property. Can he plead temporary insanity for that?
2007-05-03 09:03:16 · 28 answers · asked by Stegosaurus 2 in Politics & Government ➔ Law & Ethics
He can claim it, if his lawyer will present that case, but chances are it will not work.
The main thing that your lawyer needs to do is to use distraction to get the mind of the jurors/judge off what he did and onto the "bad" person that made all those "awful" threats against you and your unborn child.
This diversion tactic coupled with some really good character witnesses, like a preacher, a bank president, CEO of a company, or someone else that people would respect will be a much better defense than insanity... The insanity plea has lost a lot of steam with most jurors unless you are really insane..
disclaimer.... this is not legal adivce, and you should consult your lawyer to determine which is the best path for your defense case.
Good luck!
2007-05-03 09:09:41 · answer #1 · answered by jas2_dm 3 · 0⤊ 0⤋
He cannot plead temporary insanity due to losing his temper. I do not know the circumstances of the fight. Unless the fight was in self defense or you were in immediate danger, he would be considered equally at fault for the fight. If the fight was over the statements made then his best option should have been to report the threat to the police and ask for a restraining order from a judge rather than fight. Too late for that now. I guess that's why there is a saying about having 20/20 hindsight.
2007-05-03 09:15:28 · answer #2 · answered by sloop_sailor 5 · 0⤊ 0⤋
Not temporary insanity, or even diminished capacity if Travis is normally an average-functioning adult. Defense of another person is probably not going to fly either since he damaged property and not the actual threat-maker. Travis needs to take his lumps on this one and learn to control his temper.
2007-05-03 09:11:02 · answer #3 · answered by Rachel M 4 · 0⤊ 0⤋
That hardly ever works anymore. Just tell him to chill out next time because people make empty threats all the time, and all you really need to do is call the police or 911 and let them handle things. That's what they are there for.
Also, if you use a taser, you will win a court case easier than if you punch someone in the face or destroy property.
Maybe you can request a juried trial? A jury might see his actions as justified (esp. if you get a good lawyer).
I would also get a restraining order against the guy who made the threats, esp. if he is pressing charges.
2007-05-03 09:10:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
frankly, and this is out of experience, i hate to plead a person crazy. let me explain to you why - even if the court goes along with it, the consequence is a hospital stay. you simply don't plead crazy and walk out of court. the proceedings are the same, the outcome fairly predictable.
i would assume that your husband has been arrested and charged in that matter - get an attorney and see this thing through. it strikes me that you have a very reasonable argument and juries are sympathetic towards a defendant who stood up to prevent immediate harm from his pregnant wife.
please bear in mind that temporary insanity is only an issue in the guilt phase and not a ticket to do as one pleases without recourse.
advice? take it to trial, enter a not guilty plea and try the thing. if it were me i would proceed in that exact fashion. good luck
2007-05-03 12:26:21 · answer #5 · answered by jandrkeller 4 · 0⤊ 0⤋
He can plead temporary insanity, of course. However, proving it is another matter. It's unlikely to be very effective in a property damage case.
2007-05-03 09:08:23 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Were you there? Was your life or safety in imminent danger? Did this occur at the time of the threat or was is later? Or is Travis a hothead that got angry and broke stuff. No he's not temporarily insane, he's in trouble for breaking someones property and possibly menacing or harassment.
2007-05-03 09:10:31 · answer #7 · answered by zebj25 6 · 0⤊ 0⤋
Women claim temporary insanity all of the time. Lorena Bobbitt could remember every little thing her husband did and recited them off at great length. She could not remember chopping her husbands thing off and throwing it out of her car window.
A woman just got a slap on the wrist for shooting hers in the back with a double barrel shotgun. She could not remember what her daughters will never forget. But she remembered every time he dissed her about shopping too much. Why don’t you say it was you?
2007-05-03 09:21:42 · answer #8 · answered by John T 1 · 0⤊ 0⤋
He needs to get a lawyer, and you need to rethink what type of man you are to married, both for yourself and your baby. It looks like your husband and you are making up reasons why he damage another persons property .The next time he flies into a blind rage will he do damage to you or your baby
2007-05-03 09:08:13 · answer #9 · answered by jean 7 · 0⤊ 0⤋
Talk with your lawyer about that. Temporary insanity is a difficult cause to prove sometimes. There are a lot of legal mambo jumbo that you need to know. Your lawyer is your best bet for information.
2007-05-03 09:08:50 · answer #10 · answered by Alfie333 7 · 0⤊ 0⤋