Can a defendant raise a defense involving their mental capacity?

"New York", United States of America

The following excerpt is from People v. Irwin, 695 N.Y.S.2d 906 (N.Y. Cty. Ct. 1999):

It would be unfair for the defendant to raise a defense involving her mental capacity and then hid behind her constitutional rights thereby making the prosecution's burden of proof insurmountable. People v. Segal,supra.

Other Questions


In a mental health case, in what circumstances will a psychiatrist advise a defendant against a defense based on mental condition? (MultiRegion, United States of America)
Does a federal magistrate-judge err in finding that defendants in both official and individual capacities are immune from civil action in both their official capacity and their individual capacity? (MultiRegion, United States of America)
Does a defendant have a mental illness, mental disorder or mental defect at trial? (MultiRegion, United States of America)
Can a defendant who raises the defense of insanity waive his Fifth Amendment privilege against self-incrimination in a mental health case? ("New York", United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
What are the factors used to determine whether a defendant can reasonably anticipate being called upon to defend a defense in a distant forum? (MultiRegion, United States of America)
Does a defendant have to prove that his defense was impaired to show that he did not have the proper defense? (MultiRegion, United States of America)
What are some cases involving the removal of a pro se defendant from the courtroom after he raised his clenched fist at the judge? (MultiRegion, United States of America)
Can a defendant raise a fifth amendment defense in a contempt proceeding? (MultiRegion, United States of America)
Is a criminal defendant entitled to a defense that reflects the defense theory? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.