War Veteran

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nakatascott

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I work with this guy who was in the marines. He went to Iraq and a few other places. Anyway, he says just because he went to war, and it's been about two or three years ago, that he will not get into any trouble if he hits someone, due to the fact that he could just claim temporary insanity because of his being sent to war a couple of years ago. What is the law concerning war veterans claiming temporary insanity and how long does it apply to them after the get home and have received counseling?
 
If he actually tried to use that as a defense I might actually think he was insane.

The guy is a loon. Let him learn the hard way.
 
Post traumatic stress can only go so far. Claiming it in a personal brawl or a bar fight would be a huuuuuuuuge stretch.

Essentially a psychiatrist will have to testify that at the time of the brawl he was incapable of fully comprehending the consequences of his actions as a result of some mental defect. Unless he is under a doctor's care, currently, and has had some pretty clear breaks, this is not going to be an easy sell. Not to mention the fact that friends may well pop up who will testify how he bragged about using this as a dodge.

Don't go out anywhere with him lest you get sucked into his activity.
 
Further, the judge may agree with him that he was not in control. However, that doesn't mean the judge then says, "Good day sir... don't do it again!"

He may be turned over for a psych eval for a period of days to weeks and THEN, when declared competent, have to serve his sentence.

No, it is not a get out of jail free card.
 
He might fare far better using the vaunted and infamous, "Twinky" defense.

"twinky" defense n. a claim by a criminal defendant that at the time of the crime he/she was of diminished mental capacity due to intake of too much sugar as from eating "Twinkies," sugar-rich cupcakes. The defense was argued successfully by a psychiatrist for the defendant in the notorious case of former San Francisco County Supervisor Dan White who shot and killed San Francisco Mayor George Moscone and County Supervisor Harvey Milk, resulting in White's conviction for only manslaughter instead of murder.

http://legal-dictionary.thefreedictionary.com/"twinky"+defense
 
I remember that case ... oh so long ago!
 
I remember that case ... oh so long ago!

Yes, me too....

I also remember that it was held up as a circumstance that could not be allowed to happen again.

It has been tried, of course (along with the less popular burrito and potato chip defenses - yes, those are both true), but I don't think it will ever be taken seriously as a defense again.
 
Back then, the STATE had to disprove the claim of mental incapacity. Today,the burden is on the defense to prove the incapacity- this makes it much harder to present this as a defense. And, as mentioned earlier, depending on the circumstances and the state it can still result in lockup first at a mental facility and THEN at prison.
 
I'm glad the memories of aging seem better than times.
Oh, how time flies when you're growing old!
I'm not growing older ... I ... I am ... what was I writing about?
 
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