For anybody following the murder of Judge Kevin Mullens by former Sheriff Mickey Stines in Kentucky, you might recall that KY Statute provides that
a person shall not be guilty of murder under the statute if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime;... [507.020 Murder]. Stines may very well convince a jury that he acted under extreme emotional disturbance, and be convicted of manslaughter!
In stepping down from NR's case today, Alan Jackson was very passionate in his concluding remarks:
“What we’ve learned, and you can take this to the bank, is that, pursuant to the law in California, Nick Reiner is not guilty of murder.”
However, unlike KY, California abolished the defense of diminished capacity around 1982. This was instead replaced with a plea of not guilty by reason of insanity, where a
NGRI defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense. [CA Plea of Insanity]
While I appreciate Jackson's commitment to his client defendants, proving NGRI in CA is not without its limitations. For example, one of the limitations to an insanity defense is that the criminal conduct must have resulted from a mental disease or defect.
In essence, the defendant cannot claim that they committed a crime as a result of insanity if they understood the nature and consequences of their criminal conduct and that they also knew their criminal conduct was morally wrong, even if they actually suffer, coincidentally, from a mental illness.
Consider this situation: If the defendant, as a result of schizophrenia (mental illness), hears imagined voices that instruct them to commit an illegal act, and defendant knows the nature and consequences of the act defendant was instructed to commit, and defendant understands that the act is morally wrong, then there is no reason to consider defendants schizophrenia as a defense because it does not matter if the voices were imaged or real.
In other words, a person is not entitled to engage in criminal conduct with complete immunity just because a defendant coincidentally suffers from a mental disease or defect. Sadly, I get impression that NR used his struggle with addiction and mental illness as his crutch-- for most of his life.
IMO, NR's defense for NGRI is going to be a very tough sell to a jury because he continues to come off so unlikable -- reeking of entitlement and self-importance. You can't impose this beast against the beloved victims here, and expect a sympathetic outcome. JMO
https://youtu.be/2EHI69bMq4A Under California's insanity defense, you cannot be convicted of a crime if you were legally insane when you committed it.1 You are considered legally insane if you either: Did not understand the nature of your criminal act, OR Did not understand that what you were...
www.shouselaw.com
California insanity defense as a defense to criminal conduct. Explanation of the use of the insanity plea and defense. All misdemeanor and felony crimes and punishments explained. Criminal defense lawyers serving Fontana, Redlands, San Bernardino, Rancho Cucamonga, Victorville, Ontario, Highland
www.calcriminaldefenselawyers.com