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Topic: If your were on the jury could you, buy into the Moses defense?< Next Oldest | Next Newest >
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PostIcon Posted on: Nov. 13 2012, 9:06 pm  Skip to the next post in this topic. Ignore posts   QUOTE

A woman arrested for stabbing her husband in the stomach explained to South Carolina cops that, “Jesus and Mary told me to kill him because he is Satan’s spawn!”

http://www.thesmokinggun.com/buster/woman-stabs-satans-spawn-683412


In many states, a jury will be instructed that if they believe that the defendant really believed that he or she was being directed by a supreme being to commit an act, then the jury can find the defendant not guilty (its called the Moses defense).
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PostIcon Posted on: Nov. 13 2012, 9:22 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

Why would that be allowed as a defense? Isn't that solid evidence they are psychotic? Are they found not guilty due to insanity and committed for treatment?
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PostIcon Posted on: Nov. 13 2012, 10:40 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

Don't lots of wives think their husbands are Satan's spawn?  Yet most don't actually go through with stabbing them because of it.  

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PostIcon Posted on: Nov. 13 2012, 11:06 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

Absolutely I would accept it.......not guilty by reason of insanity.
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PostIcon Posted on: Nov. 13 2012, 11:17 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

In many states, a jury will be instructed that if they believe that the defendant really believed that he or she was being directed by a supreme being to commit an act, then the jury can find the defendant not guilty (its called the Moses defense).[/quote]
Bull feathers!!!!!!!
Even Google never heard of this.


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PostIcon Posted on: Nov. 13 2012, 11:22 pm Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

You put 12 very religious jurors in a very religious part of the country with a religious judge and that still wouldn't fly. Even their convictions only go so far.

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PostIcon Posted on: Nov. 14 2012, 9:38 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

I prefer the time-travel defense... Joe kills Bob after a time traveller proves that Bob will become the next Hitler.

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PostIcon Posted on: Nov. 14 2012, 9:56 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE

I'm partial to the Chewbacca Defense.
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PostIcon Posted on: Nov. 14 2012, 10:47 am Skip to the previous post in this topic. Skip to the next post in this topic. Ignore posts   QUOTE


(bill g @ Nov. 13 2012, 11:17 pm)
QUOTE

Bull feathers!!!!!!!
Even Google never heard of this.


There's a reason internet law schools don't have graduates nominated to the bench.

Justice Cardozo wrote the opinion in People v. Schmidt, 216 NY 324 (1915), including this example:

In Guiteau's Case (10 Fed. Rep. 161) these words were quoted approvingly, and supplemented by other illustrations. The court instanced the case of a man known to be an affectionate father, who "insists that the Almighty has appeared to him, and commanded him to sacrifice his child." Of these and like cases, the court said (p. 182): "If a man insanely believes that he has a command from the Almighty to kill, it is difficult to understand how such a man can know that it is wrong for him to do it."


73 years latter NY's highest court returned to the question, stating in People v. Kohl, 72 NY2d 191 (1988):

This very point was underscored by our unanimous court in People v Schmidt (216 N.Y. 324, 339, supra). Speaking through then Judge Cardozo, we disapproved the trial judge's instruction that, regardless of the defendant's delusions, he could still be found mentally competent if he knew what he was doing and knew that his conduct was prohibited by law (id., at 330). As Cardozo explained in an illustration particularly apropros to the present case: "A mother kills her infant child to whom she has been devotedly attached. She knows the nature and quality of the act; she knows that the law condemns it; but she is inspired by an insane delusion that God has appeared to her and ordained the sacrifice. It seems a mockery to say that, within the meaning of the statute, she knows that the act is wrong" (id., at 339; see also, People v Nino, 149 N.Y. 317, 323-324; Willis v People, 32 N.Y. 715, 718, supra). To hold that such a person was "responsible for the crime", our court concluded, would be "abhorrent" (id., at 339).

and Virginia, on the M'Naghten Rule

In Price, the Supreme Court of Virginia explained
the application of both facets of the test:
             "The first portion of M'Naghten relates to an
             accused who is psychotic to an extreme
             degree.  It assumes an accused who, because
             of mental disease, did not know the nature
             and quality of his act; he simply did not
             know what he was doing.  For example, in
             crushing the skull of a human being with an
             iron bar, he believed that he was smashing a
             glass jar.  The latter portion of M'Naghten
             relates to an accused who knew the nature and
             quality of his act.  He knew what he was
             doing; he knew that he was crushing the skull
             of a human being with an iron bar.  However,
             because of mental disease, he did not know
             that what he was doing was wrong.  He
             believed, for example, that he was carrying
             out a command from God."
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PostIcon Posted on: Nov. 14 2012, 1:11 pm Skip to the previous post in this topic.  Ignore posts   QUOTE

I'd vote for the death penalty for anyone who used such a BS excuse. I've never bought into the insanity plea. If you kill outside of self defense in my opinion you are always in a state of insanity.
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9 replies since Nov. 13 2012, 9:06 pm < Next Oldest | Next Newest >

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