Peoria, IL asked in Criminal Law for California

Q: Hypothetically, if I am Lennie from the book Of Mice and Men, could I plead temporary insanity and be found not guilty?

Lennie kills a woman but implies that he didn’t know what he was doing at the time. It says in the book that he saw his dead aunt and that rabbits were talking to him at the time of the crime. What proof would we need to plead insanity?

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2 Lawyer Answers
Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: Yes. 'Lennie' could be considered legally incapable of committing a crime because of mental incapacity if at the time the crime was committed he had a mental disease or defect AND because of that disease or defect was incapable of knowing or understanding that his act was morally or legally wrong.

It requires a diagnosed mental disease and good psychiatric expert witnesses to prove someone not guilty by reason of insanity.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

you need to prove the mental disease through psychiatric experts.

however, what your psych says will be at odds with the psych for the DA and it will be up to the jury to decide who is right.

see Rhonda Hixon missive below...

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