Mental Capacity and A Criminal Act: Part II

To successfully mount the defense of insanity in Florida criminal courts,( Miami, Fort Lauderdale, and West Palm Beach), the accused (arrested) defendant must prove that the/she was insane at the time the criminal act occurred. Insanity before or after is not a defense. Further, that the mental deficiency must be related to the specific criminal charge. Insanity in general is not a defense to an arrest or criminal law prosecution in South Florida criminal courts. In Florida criminal law the word “sanity” addresses the issue of one’s ability, at the time of the act, to understand and distinguish the difference between right and wrong. This is called the McNaughton rule. The rule goes to the ability to understand the nature and quality of a defendant’s act, and its consequences. In South Florida criminal law insanity goes to one’s capacity to distinguish right from wrong. For more information on defenses to crimes in South Florida, whether it be a drug offense, murder, burglary, violation of probation, or other drug-related offenses, such as possession of cocaine or possession of methamphetamine, contact a South Florida criminal defense attorney. If you’ve been arrested in South Florida the first thing I suggest you do is speak with a South Florida criminal defense attorney as to other legal defenses you might have, including self-defense, entrapment, and a due process argument to prevent a South Florida Criminal Court from prosecuting you for the an alleged crime in Florida.


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