2007-09-24 06:25:03 · 8 answers · asked by San 2 in Politics & Government ➔ Law & Ethics
No, unless the traumatic childhood caused a mental disease or defect such that you're leally "insane" (in most jurisdictions, incapable of telling right from wrong), in which case you'll probably end up incarcerated in a mental institution longer than you would in prison.
It could also be used as a "mitigating factor" if a person was convicted of a capital crime and the jury was asked to determine whether capital punishment will be ordered.
(Note, the answer is still generally "no." The "Twinkie defense" and the abuse defenses are either (a) self-defenses (i.e. I killed my dad because I thought he was going to attack me) or (b) mental disease or defect defenses (i couldn't tell right from wrong or I could't control myself because I was drugged...) or (c) factors to mitigate SENTENCING (Yeah, I did it, but I shouldn't be punished as much as the other guy because of my bad upbringing) (this is not a "legal defense" to a charge, but rather a request for mercy in sentencing).
2007-09-24 06:31:17 · answer #1 · answered by Perdendosi 7 · 1⤊ 1⤋
It could even backfire, as most people look ridiculous going back that far. Put yourself in the shoes of someone listening to an adult say that.
It is why abusers get away with being abusers. No court in the world would convict them, and meanwhile you can rue your unhappy childhood behind bars... Best get a good Lawyer .
2007-09-24 13:35:38 · answer #2 · answered by Anonymous · 1⤊ 0⤋
No, everyone had an imperfect childhood. Some worse than others. Some people naturally handle bad situations better than others. None of that justifies what you do once you are grown up, at least the things that affect other people. If you have abandonment issues and choose to not get into a relationship, that's fine. But if you were abused by your father and decide to punish all men because of it, that is wrong and inexcusable.
2007-09-24 13:31:11 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Yes, as in some cases of abuse. My cousins son killed his father and his case showed extreme abuse by the father. He was held until he was 18 and put on probation for 10 years. I am sure that it would vary according to each case.
2007-09-24 13:38:25 · answer #4 · answered by mnwomen 7 · 1⤊ 0⤋
The CORRECT answer is yes, if allowed by the court on relevancy findings.
2007-09-24 13:33:45 · answer #5 · answered by hexeliebe 6 · 1⤊ 0⤋
Two words.
Twinkie Defense.
After that occured, pretty much anything goes.
2007-09-24 13:47:42 · answer #6 · answered by J 2 · 1⤊ 0⤋
The best answer to your question is "It depends."
2007-09-24 13:59:48 · answer #7 · answered by Eisbär 7 · 1⤊ 0⤋
people do it everyday, and get away with many crimes!
2007-09-24 13:35:45 · answer #8 · answered by Lisa T (Stop BSL) 6 · 0⤊ 0⤋